Jasdeep Attri v. Jaswinder Singh

C.R. No.1618 of 2018 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1618 of 2018 Date of Decision.12.03.2018 Jasdeep Attri ......Petitioner Vs Jaswinder Singh ........Respondent CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Rahul Deswal, Advocate for the petitioner.

-.- AMIT RAWAL J.(ORAL) The petitioner-respondent/wife is aggrieved of the order dated 21.02.2018, whereby, the cross examination of respondentpetitioner/husband in the divorce petition has been treated as 'nil'. Mr. Deswal, learned counsel for the petitioner-respondent submits that on two occasions, cross-examination was done but on other two occasions, the Court time was over, thus, the fault cannot be attributed to the petitioner-wife. In case, one opportunity is granted, she will conclude the entire evidence.

I have heard the counsel for the petitioner and appraised the paper book and of the view that no doubt, the petitioner was negligent in concluding the evidence, however, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant one effective opportunity to the petitioner to conclude the cross-examination. Keeping in view the aforementioned observations, the impugned order is set aside and the petitioner shall conclude the evidence in accordance with law subject to payment of costs of `5,000/- to defray the cost of litigation of respondent, which shall be condition precedent. If the costs is PANKAJ KUMAR 2018.03.16 12:30 I attest to the accuracy and integrity of this document

C.R. No.1618 of 2018 -2not paid as directed, the order passed already by the court below shall stand restored.

The impugned order is set aside and the revision petition is allowed.

(AMIT RAWAL) JUDGE March 12, 2018 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2018.03.16 12:30 I attest to the accuracy and integrity of this document