C.R. No.481 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.481 of 2008 Date of Decision: 18.2.2008 Rakesh Mohan @ Rakesh Garg .....Petitioner Vs. Sharanjeet Kaur ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Ashish Grover, Advocate for the petitioner. Mr.H.S. Rakhra, Advocate for the respondent. ... RAJIVE BHALLA, J(Oral) Challenge in this revision is to an order dated 8.1.2008 passed by Additional Civil Judge (Senior Division), Bathinda, whereby the cross- examination of the witnesses produced by the petitioner has been treated as nil. Counsel for the petitioner states that the petitioner's counsel could not cross-examine the witnesses, as he was busy before some other Hon'ble Court. The fault of the counsel therefore, could not visit the petitioner with such serious consequences, as being disallowed cross- examination. Counsel for the respondent, states that the learned trial Court did not commit any error by disallowing cross-examination of the witnesses. I have heard learned counsel for the parties and perused the impugned order. A perusal of the impugned order discloses that counsel for the C.R. No.481 of 2008 2 defendant was not present for cross-examination of 3 PWs. Thus, the error, if any, lay with the counsel and not with the petitioner per-se. Consequently, in the interest of justice, revision petition is allowed and the order dated 8.1.2008 is set aside. The learned trial Court shall grant one effective opportunity to the petitioner, to lead his entire evidence subject to payment of Rs.5000/- as costs, on which date, the petitioner shall adduce his entire evidence. It is made clear that in case the petitioner does not adduce his entire evidence on a date to be fixed by the trial Court, his evidence shall be deemed to have been closed by order. 18.2.2008 ( RAJIVE BHALLA ) GS JUDGE