High Court of Punjab and HaryanaCR/2810/2017allowed

Pritam Singh & ANR v. Raghbir Kaur & ORS

2019-12-09Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-2810-2017 (O&M) Decided on : 09.12.2019 Pritam Singh and another . . . Petitioner(s)

Versus

Raghbir Kaur and others . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Vinod Kumar Kaushal, Advocate for the petitioner(s).

Mr. Rajinder Sharma, Advocate for respondent No.1.

Ms. Malvika Singh, Advocate for respondents No.2 to 4.

**** MANJARI NEHRU KAUL , J.

The instant revision petition has been preferred to set aside the impugned order dated 06.02.2017 (Annexure P-1) passed by the Civil Judge (Jr. Divn.), Ajnala (hereinafter referred to as 'the Ld. Court below'), vide which the application of the petitioners (defendants No.4 & 5) for granting an opportunity for cross-examination of respondent No.1/plaintiff- Braghbir Kaur and another witness Balwinder Singh, has been dismissed. It is contended that after the issues had been framed by the Ld. Court below, the case remained pending for evidence of the plaintiff/respondents. On 29.08.2016, as the counsel for the petitioners was busy before another Court, the matter was adjourned to 13.09.2016. However, it was only on 13.09.2016, it came to the notice of the petitioners that the opportunity to cross-examine the witnesses Raghbir Kaur and Balwinder Singh had been treated as 'Nil' and soon thereafter, the petitioners JAWALA RAM 2019.12.17 14:19 I attest to the accuracy and authenticity of this document Chandigarh moved an application for granting the opportunity to cross-examine both

CR-2810-2017 (O&M) - 2 - these witnesses. However, the said application too was dismissed by the Ld. Court below vide impugned order dated 06.02.2017 (Annexure P-1). It has thus been submitted that the Ld. Court below failed to consider the facts and circumstances under which the counsel could not cross-examine the aforesaid witnesses and prayed that a compassionate view be taken in this regard.

Heard.

Keeping in view the facts and circumstances of the case, the present petition is allowed and the impugned order dated 06.02.2017 (Annexure P-1) is hereby set-aside. Ld. Trial Court is directed to afford one last opportunity to the petitioners to cross-examine both the witnesses i.e. Raghbir Kaur and Balwinder Singh.

Costs deposited with the trial Court by the petitioners in compliance to the order dated 21.07.2017 of this Court, be remitted to the aforesaid witnesses at the time of cross-examination. (MANJARI NEHRU KAUL) JUDGE December 09, 2019 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2019.12.17 14:19 I attest to the accuracy and authenticity of this document Chandigarh