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High Court of Punjab and HaryanaCR/8221/2017allowed

Nirmal Kaur Gill v. Sangeeta Dhir And ANR

2017-11-24Ms. Justice Ritu Bahri2 pages

C. R No. 8221 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 8221 of 2017 (O&M) Date of decision : 24.11.2017 Smt. Nirmal Kaur Gill ....Petitioner versus Smt. Sangeeta Dhir and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sumit Batra, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) C.M. No. 25150-CII-2017 For the reasons mentioned in the application, delay of 05 days in filing the revision petition is condoned.

The application stands disposed of.

C.R. No. 8221-2017 Challenge in this petition is to order dated 01.08.2017 passed by learned Civil Judge (Jr. Divn.), Ludhiana whereby the application of the decree holder/petitioner for cross examination of A.W.1 on behalf of petitioner was dismissed.

Learned counsel submits that on 23.09.2016, the case was fixed for cross examination of A.W.1 as she had obtained several opportunities to conclude her evidence, but due to heavy work, the counsel for the petitioner/decree holder was not able to cross examine the above witness and the cross examination was marked as nill and the case was fixed for 05.11.2016.

Gaurav Arora 2017.12.07 16:29 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 8221 of 2017 (O&M) Learned counsel submits that respondent No. 1 had closed her evidence on 06.12.2016 and the case is now fixed for 06.12.2017 for defendants evidence and the cross-examination of the above witness is necessary for just decision of the case.

In view of the above, order dated 01.08.2017 passed by learned Civil Judge (Jr. Divn.), Ludhiana is hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioner to cross examine A.W.1-Sangeeta Dhir, subject to deposit of cost of Rs.5000/- to be deposited before the District State Legal Services Authority, Ludhiana.

24.11.2017 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.12.07 16:29 I attest to the accuracy and integrity of this document Chandigarh