M. K. SHARMA ( 1 ) C. R. NO. 208/1998 This is a petition filed by the petitioner against the order dated 8/01/1999 passed by the Additional District Judge. Delhi in Suit No. 28/1995. By the aforesaid order the Additional District Judge closed the evidence of the defendant and listed the matter for final arguments. In the aforesaid suit, which was instituted by the plaintiff for recovery of an amount of Rs. 1,75,000. 00 evidence of the plaintiff was closed in affirmative on 19/02/1998 and the suit was fixed for recording evidence of the witnesses to be produced by the defendant, on 12/03/1998. The defendant examined himself as DW-1 and his examination-in-chief was partly recorded. The defendant did not produce himself for his further examination-in-chief and cross- examination and also did not get his other witnesses examined. It is disclosed from the order sheets available on record that the case was adjourned on various dates for recording evidence of the defendant. ( 2 ) ON 28/11/1998, the defendant was given last opportunity to lead his entire evidence. Even thereafter, it appears that the defendant failed to examine his remaining witnesses and also get his examination-in-chief and cross-examination recorded. Having no other alternative, the evidence of the defendant was closed by the Additional District Judge. ( 3 ) COUNSEL appearing for the petitioner/defendant states that he undertakes to get the examination-in-chief and cross-examination of the defendant recorded on the next date and also get the only remaining witness: namely, a clerk from the office of the Sub-Registrar summoned and examined on the next date. ( 4 ) I have also heard the learned counsel appearing for the Respondent/plaintiff. ( 5 ) CONSIDERING the entire facts and circumstances of the case and having perused the records, I am inclined to allow the petition. Accordingly, one last opportunity, is granted to the petitioner to enable him to complete his evidence and also to summon and examine his other remaining witness, namely, the clerk from the office of the Sub- Registrar, subject to payment of costs of Rs. 3,000. 00 to the Respondent/plaintiff before the next date. Accordingly, one last opportunity, is granted to the petitioner to enable him to complete his evidence and also to summon and examine his other remaining witness, namely, the clerk from the office of the Sub- Registrar, subject to payment of costs of Rs. 3,000. 00 to the Respondent/plaintiff before the next date. It is, however, made clear that in case the petitioner/defendant is unable to present himself on the next date for recording his remaining examination- in-chief and the cross-examination and also to get his last witness summoned and examined on the next date, no further opportunity shall be given to the petitioner for the aforesaid purpose in view of the undertaking given by him in this Court and it shall be open to the Additional District Judge to proceed with the suit in accordance with law. ( 6 ) WITH the aforesaid observations and directions the petition is partly allowed to the aforesaid extent. The parties shall appear before the Additional District Judge, Delhi on 16/08/1999, who shall fix the next date for recording the remaining evidence of the defendant and his last witness. They shall be examined on the same date, if possible, and in any case on consecutive dates, if necessary. ( 7 ) THE petition stands disposed of in terms of the aforesaid order. Let a copy of this order be given DASTI to the counsel appearing for the parties.