CR No.2356 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2356 of 2010 (O&M) Date of decision: 12.1.2011 Mohan Singh ...Petitioner Versus Chanchal Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sanjay Gupta, Advocate for the petitioner None for the respondents. *** Ram Chand Gupta, J.(Oral) The present revision petition has been filed by petitioner Mohan Singh under Article 227 of the Constitution of India praying for setting aside order dated 17.3.2010 Annexure P-6 passed by learned Civil Judge (Jr.Divn.), Dasuya in case titled “Chanchal Singh vs. Mohan Singh and others”. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial court, vide which application filed by the petitioner-defendant under Section 151 CPC was dismissed. It has been contended by learned counsel for the petitioner that there were two civil suits titled “Chanchal Singh vs. Mohan Singh and others” and “Chanchal Singh vs. Sohan Singh and others”. It is further submitted that Sohan Singh appeared as a witness in both the cases. He CR No.2356 of 2010 (O&M) 2 appeared as DW4 in the present suit i.e. “Chanchal Singh vs. Mohan Singh and others” and he appeared as DW2 in other suit i.e. “Chanchal Singh vs. Sohan Singh and others” vide statement Annexure P-1, and tendered his affidavit as examination-in-chief on 18.12.2007. He was also cross- examined on 15.2.2008 vide statement Annexure P-2. Sohan Singh also appeared as DW4 in the present suit “Chanchal Singh vs. Mohan Singh and others” vide statement Annexure P-3 and tendered affidavit of his examination-in-chief on 7.10.2008. He was also cross-examined as DW4 on 21.3.2009 vide statement Annexure P-4. It is further contended that however, the said statement Annexure P-4 was inadvertently placed by learned trial court in the suit titled “Chanchal Singh vs. Sohan Singh and others” instead of placing the same in the instant suit “Chanchal Singh vs. Mohan Singh and others”. It is further submitted that even application moved for correcting the said error has been dismissed by learned trial court vide impugned order dated 17.3.2010 Annexure P-6. It is further contended that other civil suit titled “Chanchal Singh vs. Sohan Singh and others” has since been finally decided. Respondent-plaintiff has not appeared to contest the present revision petition despite service through his counsel in the trial court. Petitioner has placed on record the certified copies of affidavits and cross- examination of DW Sohan Singh in both the cases. Hence, he has been able to show that the impugned order has been passed by learned trial court without carefully going through the files of both the cases. CR No.2356 of 2010 (O&M) 3 Hence, in view of these facts, the present revision petition is accepted. Impugned order Annexure P-6 is set aside and the trial court is directed to place the cross-examination of DW Sohan Singh, who was examined as DW4 in this case, which is Annexure P-4, on the record of this case. The trial court is also directed to correct the record accordingly, as the present petitioner -defendant cannot be permitted to suffer on account of lapse on the part of the court. January 12, 2011 (RAM CHAND GUPTA) gsv JUDGE