Shyam Lal v. Rajesh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.855 of 2024 (O&M) Date of Decision : 07.05.2024 Shyam Lal ....Petitioner

VERSUS

Rajesh ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. B.S. Tewatia, Advocate for the petitioner. ALKA SARIN, J. (Oral) 1.

The present revision petition has been preferred under Article 227 of the Constitution of India challenging the order dated 20.01.2024 whereby the opportunity given to the petitioner for cross-examination of the witness has been treated as nil.

2.

Learned counsel for the petitioner would contend that given one effective opportunity the petitioner would cross-examine the witness and that the main petition has been filed under Section 13 of the Hindu Marriage Act, 1955 and the petitioner would suffer irreparable loss in case the said opportunity is not granted.

3.

On 13.02.2024 notice of motion was issued in the present case. Thereafter, on 03.05.2024, none appeared on behalf of the respondent despite service and the matter was adjourned to today. Today also none has put in appearance on behalf of the respondent. The respondent is accordingly proceeded against ex parte.

JITENDER KUMAR 2024.05.08 08:52 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR No.855 of 2024 -24.

Limited prayer has been made by learned counsel for the petitioner for grant of one effective opportunity to cross-examine RW1. 5.

In view of the limited prayer made by learned counsel for the petitioner, the present revision petition is allowed. The petitioner is granted one effective opportunity to cross-examine the said witness RW1. 6.

Disposed off in the above terms. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 07.05.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.05.08 08:52 I attest to the accuracy and integrity of this order/judgment Chandigarh