IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 996 of 2009 Date of Decision: March 06, 2009 Yusuf …. Petitioner Versus Ismail and others. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Sachin Mittal, Advocate, for the petitioner. S.D. Anand, J. The only grievance presently advocated is that the evidence of defendant – petitioner could not have been validly struck off by the learned Trial Court just because none appeared on his behalf on 06.02.2009 (to cross examine the plaintiff’s witness) and because of the non-payment of the costs of adjournment which had been imposed on 10.10.2008. (The learned Trial Court imposed that amount of costs upon defendant – petitioner while allowing a plea for recall of PW2 – Rashid Ahmad who could not be cross – examined on an earlier date of hearing). C.R. No. 996 of 2009 It is apparent from a conjunctive perusal of the orders dated 10.10.2008 and 06.02.2009 that the costs were imposed by the learned Trial Court on the former date while allowing a plea raised by the defendant – petitioner for the recall of PW2 – Rashid Ahmad for purposes of further cross-examination. The averment, in the context, was that the witness aforementioned could not be properly cross-examined on the earlier date of hearing as the learned counsel representing defendant – petitioner was in an injured condition. None appeared on behalf of the defendant – petitioner on 06.02.2009. Ex-parte proceedings were ordered against him. The witness present on that date (for whose recall costs had been imposed) was discharged. There is no challenge presently to that part of the impugned order. However, it is obvious that the defence of the defendant – petitioner could not have been struck off on 06.02.2009 in the above circumstances of the case. The petition shall stand allowed in limine. The impugned order (Annexure P/2) passed by the learned Trial Court strucking off the defence of the defendant – petitioner is set aside, as being thoroughly unsustainable in law. March 06, 2009 ( S.D. Anand ) vkd Judge 2