The revision petition is allowed, impugned order dated 20.2.2008 is hereby set aside in the interest of justice and one opportunity is granted to him to produce his entire evidence. On the asking of the court, learned counsel for the petitioner informs that the plaintiff- petitioner wants to examine himself besides contractor Sher Singh. It is ordered that the plaintiff- petitioner will be entitled to examine himself and produce contractor Sher Singh at his own responsibility on one specific date, to be fixed by the trial court subject to payment of Rs.20,000/- as costs. A sum of Rs.15,000/- lying deposited with the Registry will be sent by a cross cheque in favour of M.D. Haryana Warehousing Corporation, Sector 2, Panchkula by registered post. Balance of Rs.5,000/- will be paid on the next date before the trial court. The parties are directed to appear before the trial court on 12.11.2009 or the date already fixed, which ever is earlier. The trial court, on appearance of both the parties on the above said date, will fix a date for examination of the plaintiff and contractor Sher Singh. It is made clear that in case balance of Rs.5000/- is not paid or the witnesses are not produced on the date given by the trial court, this revision petition will be deemed to have been dismissed.
