Judgment:
CR No.5522 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5522 of 2013 Date of Decision: September 12, 2013 Gulshan Kumar ..Petitioner Versus Rajesh Kumar and another ..Respondents CORAM: HON'BLE Mr.JUSTICE PARAMJEET SINGH 1 Whether Reporters of the local papers may be allowed to see the judgment?.
2) To be referred to the Reporters or not?.
3) Whether the judgment should be reported in the Digest?.
Present: Mr.Deepak Verma,Advocate, for the petitioner.
Paramjeet Singh, J.
(Oral) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 26.08.2013 (Annexure P/4) passed by learned Additional Civil Judge (Senior Division) Garhshankar whereby application filed by the petitioner-plaintiff under Section 151 C.P.C.for granting permission to cross-examine DW1 and DW2 has been dismissed.
I have heard learned counsel for the petitioner and perused the record.
Kumar Virender 2013.09.16 08:55 I attest to the accuracy and integrity of this document CR No.5522 o”
2. Admittedly, affidavits in respect of examination-in-chief of DW1 and DW2 were submitted.
On that date, the witnesses were present, but the cross-examination was deferred.
It is the case of the petitioner- plaintiff that although, on subsequent dates the witnesses were present, but they could not be cross-examined.
But in the impugned order, it is mentioned that the witnesses were not present.
Be that as it may, but the fact remains DW1 and DW2 have not been cross-examined.
In view of above, this Court is of the considered opinion that ends of justice would be met if one effective opportunity is given to the petitioner/plaintiff to cross-examine the said witnesses on the date to be fixed by trial Court, subject to costs of Rs.10,000/- to be paid to the respondents-defendants.
Ordered accordingly.
The Trial Court is directed to recall DW1 and DW2 for cross-examination by the petitioner – plaintiff.
For the reasons stated above, the impugned order is set aside.
The revision petition is disposed of without notice to the respondents with a view to avoid delay and expenses in view of the nature of the order.
Liberty is granted to the respondents to move this court if they still feel aggrieved against the order.
September 12, 2013 [ Paramjeet Singh ].vkd Judge Kumar Virender 2013.09.16 08:55 I attest to the accuracy and integrity of this document