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High Court of Punjab and HaryanaCR/7291/2015disposed of

Mehboob Hassan v. Mehmood Hassan & ORS

2015-11-02Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Revision No.7291 of 2015 Date of Decision: November 02, 2015 Mehboob Hassan ...... APPELLANT

VERSUS

Mehmood Hassan & others ..... RESPONDENTS

CORAM

HON'BLE MR. JUSTICE JASPAL SINGH PRESENT: Mohd. Salim, Advocate, for the petitioner. . . .

1.

Whether Reports 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? . . .

Jaspal Singh, J 1.

Challenge in this revision petition is to order dated October 3,2015 passed by the Civil Judge (Senior Division), Mewat whereby the prayer of petitioner for recalling witness, namely, Mehmood Hassan, DW1 for cross examination has been declined. 2.

This Court is of the considered view that issuance of any notice of revision petition to the respondents would be burdensome in view of the nature of order to be passed for disposal thereof. AVIN KUMAR 2015.11.16 11:01 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

CR No,7291 of 2015 2 3.

Vide the impugned order, cross examination of DW1 was declined and a request made in this behalf was also dismissed. A perusal of the impugned order transpires that DW1 was present in Court for cross-examination. His cross-examination was started but due to lunch break, further cross-examination was deferred for conducting the same after lunch. Thereafter, counsel for the plaintiff did not appear and the reason furnished was that he was busy in some other court. 4.

Without commenting upon the impugned order, instant revision petition is disposed of with a direction to the trial Court to afford an opportunity for the purpose of further cross examination of DW1 (Mehmood Hassan) and in case the cross examination is not conducted/completed on the date so fixed, plaintiff shall have to suffer. 5.

Disposed of.

(Jaspal Singh) November 02, 2015 Judge avin AVIN KUMAR 2015.11.16 11:01 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh