JUDGMENT 1. - Heard learned counsel for the parties and perused the impugned order also. It has been contended by the learned counsel for the petitioner that on 7.10.94 the plaintiff and his witnesses were present in the Court and when he went to fetch his counsel, the case was called and the evidence was closed, and thereupon immediately on the next working day i.e 11.10.94 the plaintiff moved an application stating the above facts and requested for reopening of the evidence, and this factual averment made by the plaintiff about the plaintiff and his witnesses being present on 7.10.94 has not been controverted before the learned trier court by the other side. The learned trial lo court was in jurisdictional error in declining to reopen the evidence by passing the impugned order. On the other hand, according to the learned counsel for the non-petitioner, the petitioner has already been given sufficient opportunities and was simply lingering on the matter. 2. Having considered the rival contention in view of the fact that the petitioners's averment about presence of himself and his witnesses on 7.10.94 having not been controverted. I am inclined to grant one more opportunely, to the plaintiff to produce all his evidence on the date to be fined by the learned trial court. 3. Since the plaintiff has already been granted good number of opportunities in the past, the opportunity now being wanted is subject to payment of Rs. 1000/- as cost. 4. The parties will appear before the learned trial court on 13th March, 2000 on this date, the trial court shall fix a date of its convenience for recording the plaintiff's evidence and on the date so fixed the plaintiff shall bring all his evidence. 5. If for any reason on the part of the plaintiff, the plaintiff fails to produce the witnesses, his evidence shall stand closed. However, if for any reason of the Court the statements are not Recorded, then the witnesses present on the date shall be bound down to appear on the next date. It is made clear that the plaintiff will not be entitled to examine any such witness who is not kept present by him on the date fixed by the court for this purpose of 13.3.2000. 6. The revision petition is allowed accordingly.Revision allowed. *******