IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5499 of 2009 Date of Decision : September 22, 2009 Sunita Devi ....Petitioner Versus Ashok Kumar and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Vishal Aggarwal, Advocate T.P.S. MANN, J.(Oral) The defendant has filed the present revision under Article 227 of the Constitution of India, so as to challenge the order dated 8.6.2009 passed by the learned Civil Judge (Junior Division), Pathankot, whereby they were denied the right to cross-examine the witnesses of the plaintiffs and it was declared as 'Nil' despite opportunity having been given. While passing the impugned order, the learned trial Court observed that Ashok Kumar PW1 had already been partly cross-examined on 30.5.2009. The said PW was present in the Court on 8.6.2009 for his further cross-examination. The plaintiffs also examined PW2 Malkiat Singh and the said witness was also present in the Court for the purpose of C.R. No. 5499 of 2009 -2- his cross-examination. The case was called at 11.30 a.m. and, thereafter, at 2.00 p.m., but learned counsel for the defendant sought further time to cross-examine the witnesses. The time was granted. Her case was again taken up at 3.15 p.m when learned counsel for the defendant appeared and again made an excuse for seeking an adjournment. In view of the fact that the learned counsel for the defendant was seeking unnecessary adjournments without any cause and delaying the proceedings of the suit, the learned trial Court observed that no further adjournment needs to be granted to the defendant to cross-examine PW1 Ashok Kumar and PW2 Malkiat Singh. Learned counsel for the petitioner states that PW1 Ashok Kumar was examined-in-chief way back on 20.4.2006. His cross- examination was deferred on a request made by the learned counsel for the petitioner. Before the case could be taken up on 30.5.2009, it were the plaintiffs, who had been seeking adjournments time and again as no evidence on their behalf used to be present in the Court. On 30.5.2009 PW1 Ashok Kumar was partly cross-examined. His further cross- examination was deferred as the Court time was over. However, on 8.6.2009 for reasons beyond his control, learned counsel for the defendant was not able to cross-examine both PW1 Ashok Kumar and PW2 Malkiat Singh. In case one more opportunity is granted to the defendant, her counsel shall cross-examine both these witnesses of the plaintiffs. C.R. No. 5499 of 2009 -3- Without going into the merits of the stand taken on behalf of the defendant-petitioner but keeping in view the interest of justice, the present revision is disposed of by directing the learned trial Court to grant one more opportunity to the defendant-petitioner to cross-examine PW1 Ashok Kumar and PW2 Malkiat Singh, subject to payment of Rs.5,000/-, as costs. The learned trial Court shall direct the appearance of PW1 Ashok Kumar and PW2 Malkiat Singh for a particular date for the purposes of their cross-examination on behalf of the defendant. ( T.P.S. MANN ) September 22, 2009 JUDGE ajay-1