High Court of Punjab and HaryanaCR/3736/2016disposed of

Mukesh Kumar Mahajan v. Gurcharan Singh (Deceased) Through His Lrs Manjit Singh And ANR.

2016-05-27Mr. Justice Satpal2 pages

CR No.3736 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No. 3736 of 2016(O&M) Date of Decision: May 27 , 2016.

Mukesh Kumar Mahajan ...... PETITIONER (s)

Versus

Gurcharan Singh (deceased) through LRs ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Pankaj Jain, Advocate for the petitioner.

Mr. Ajay Pal Singh Rehan, Advocate for the respondent-caveators.

*****

1. Whether reporters of 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? ***** LISA GILL, J.

CM No.11442-CII of 2016 For the reasons mentioned in the application, same is allowed. Filing of certified/typed copies of Annexures P1 to P4 is dispensed with. CR No.3736 of 2016 Challenge in this revision petition is to order dated 04.05.2016, Annexure P4, passed by learned Civil Judge (Senior Division), Gurdaspur whereby recalling of AW1 Manjit Singh for further crossOMKAR SINGH 2016.05.27 16:41 I attest to the accuracy and authenticity of this document Chandigarh

CR No.3736 of 2016 [2] examination has not been permitted.

Learned counsel for the petitioner submits that it is imperative for the petitioner to cross-examine the said witness AW1 Manjit Singh for the purpose of proving the plaint, Ex.R21 which is annexed as Annexure P1 with this petition.

Learned counsel for the respondent-caveators, on instructions, submits that the respondents have no objection if the impugned order is set aside and the petitioner is permitted one opportunity to cross-examine AW1 Manjit Singh for the limited purpose of proving the plaint, Ex.R21. Keeping in view the stand taken by the respondents, the facts and circumstances of the case, impugned order dated 04.05.2016 passed by learned Civil Judge(Senior Division), Gurdaspur is set aside. One effective opportunity is afforded to the petitioner to cross-examine AW1 Manjit Singh, who be recalled for the said purpose.

Petition is accordingly disposed of.

( LISA GILL ) May 27 , 2016.

JUDGE 'om'

OMKAR SINGH 2016.05.27 16:41 I attest to the accuracy and authenticity of this document Chandigarh