C.R.No.5552 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5552 of 2009 Date of Decision : 24.09.2009 Balwinder Singh Cheema ...Petitioner Versus Kreshni Devi and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Vinod Gupta, Advocate, for the petitioner. HEMANT GUPTA, J. (ORAL) The plaintiff is in revision aggrieved against the order passed by the learned trial Court on 8.8.2009, whereby the evidence of the plaintiff was closed by order. It is contended by the learned counsel for the petitioner that the plaintiff has produced his evidence in chief by way of affidavit, but the plaintiff could not be produced for cross-examination. The evidence has been closed by an order impugned in the present petition. It is contended that the plaintiff shall appear as his own witness on date, which is granted even before the date fixed and that the plaintiff shall compensate the defendants for delay in examining him as a witness. Keeping in view the fact that the plaintiff has filed affidavit in his examination-in-chief, I deem it appropriate to grant one opportunity to the plaintiff to examine himself for the purpose of cross-examination, subject to payment of Rs.5000/- as costs. The plaintiff shall appear before the learned trial Court on 20.10.2009 and deposit the costs of Rs.5000/-. It shall be open to the learned trial Court to examine the C.R.No.5552 of 2009 2 plaintiff on the aforesaid date or on 12.11.2009 i.e. the date already fixed, before proceeding to record the evidence of the defendants. If the plaintiff fails to deposit the costs on 20.10.2009 and cause his appearance before the learned trial Court for the purpose of cross-examination, his evidence shall be deemed to be closed. With the said directions, the present petition is disposed of. 24.09.2009 (HEMANT GUPTA) Vimal JUDGE