Shekhar Yadav v. Shamsher And Another

2023:PHHC:115578

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-5039-2023 Date of Decision: 01.09.2023 SHEKHAR YADAV

...Petitioner

Versus

SHAMSHER AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH Present:- Mr. Sanjeev Kumar Bawa, Advocate for the petitioner.

GURBIR SINGH , J.(Oral) Prayer in this revision petition filed under Article 227 of Constitution of India is for setting aside impugned order dated 31.07.2023 passed by learned Civil Judge (Junior Division), Gurgaon (Now Gurugram), in Civil Suit No.442 of 2016 titled as Shekhar Yadav versus Shamsher and another, vide which application filed by respondent/defendant No.1 for seeking permission to take voice samples of the petitioner/plaintiff and his father was allowed. After arguing for some time, learned counsel for the petitioner submits that petitioner be allowed to cross-examine the expert who may give the report regarding the voice sample to be taken in this case. Since respondent No.1 is already examined as DW-2. So he be given opportunity to further crossexamine him. The present petition is dismissed. However, in case any report is filed, then the petitioner shall be given full opportunity to cross-examine the said expert.

In case any application is moved by the petitioner to recall DW Shamsher Singh for his further cross-examination, then the same be decided accordingly in accordance with law.

01.09.2023 (GURBIR SINGH) himanshu JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No HIMANSHU 2023.09.05 11:15 I attest to the accuracy and authenticity of this order/judgment.