Civil Revision No. 49 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 49 of 2008 Date of decision: 27.01.2009 Joginder Singh ...Petiitioner Versus Sunil Kapoor and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Mohd. Salim, Advocate, for the petitioner Mr. Ravi Kapoor, Advocate for the respondents. ***** S.D.ANAND, J. The affidavit of one witness (PW-3) was tendered into evidence on 15.1.2004 and the matter was adjourned for his cross- examination. A number of adjournments followed and, ultimately, the plaintiff-petitioner closed his evidence on 3.11.2004. it was only thereafter that he realised that cross-examination of PW-3 had not been conducted. He filed a plea for recall of PW-3 for cross-examination. The plea did not find favour with the learned Trial Court. Once a witness has entered the witness box or his affidavit has been tendered in evidence in lieu of examination-in-chief, it is the responsibility of the Court to ensure that the witness afore-mentioned is cross-examined. It could be an altogether different thing if the Court directs the production of that witness for the purpose of cross-examination Civil Revision No. 49 of 2008 -2- **** of that witness and the order is not complied with by the party (on whose behalf the witness aforementioned had appeared). The present is not a case of that category. It is a pure and simple case in which the parties and the Court are found to have been blissfully oblivious of the fact that PW-3 had not been examined. If he is not cross-examined, his testimony cannot be considered to be substantive character and cannot be read into evidence. The petition shall stand allowed accordingly. The impugned order shall stand quashed. PW-3 shall be produced by the plaintiff- petitioner on his own responsibility before the Trial Court on 28.2.2009. He shall be cross-examined on that date itself. The matter is otherwise mature for arguments. The learned Trial Court shall hear arguments in the main suit and dispose it of within one week from 28.2.2009. January 27, 2009 (S.D.Anand) Pka Judge