C.R.No.2884 of 2011 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2884 of 2011 Date of Order: 2.5.2011 Tarlochan Singh .....Petitioner Vs. Amrit Kaur .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Rajiv Joshi, Advocate for the petitioner. JASWANT SINGH, J (ORAL) Defendant-petitioner by filing the present revision petition under Article 227 of the Constitution has assailed the order dated 25.2.2011 passed by learned Civil Judge (Jr. Division), Jalandhar whereby the cross examination of the witnesses of the plaintiff i.e PW1 Amrit Kaur and PW2 Sanjiv Kumar has been shown as Nil due to their non-cross examination by their counsel. It is stated that the dispute is between the plaintiff-mother and the defendant-son. The mother had filed a suit for mandatory injunction directing the defendant to vacate part of the house, where he has been residing. It is averred that the examination of chief of the plaintiff-mother Amrit Kaur PW1 and PW2 Sanjiv Kumar was conducted on 28.10.2010 and their cross examination deferred on the request of learned counsel for the defendant-petitioner. It is further averred that on the next date of hearing i.e 25.2.2011, counsel for the defendant failed to appear and cross examine the witnesses PW1 and PW2 resulting into passing of the impugned order. C.R.No.2884 of 2011 #2# Learned counsel contends that the counsel appearing for the defendant-petitioner had for no rhyme or reason failed to appear and thus the defendant-petitioner was constrained to change his counsel. He submits that for the fault of the counsel, case of the client should not be made to suffer. It is further submitted that since the passing of the impugned order, no effective proceedings before the trial Court has taken place. After hearing learned counsel for the petitioner and taking into account the facts and circumstances of the case, I deem it expedient in the interest of justice to grant one opportunity to the defendant-petitioner to complete their cross examination. Accordingly, order dated 25.2.2011 is set aside and the learned trial Court is directed to grant one opportunity to the petitioner to complete their cross examination of PW1 and PW2 on their responsibility on a date to be fixed by it subject to payment of Rs.1000/- each to aforesaid two witnesses as costs with a further cost of Rs.1000/- to be deposited with the State Legal Services Authority, Punjab. This order is being passed without issuing notice to the opposite side as it would entail delay and expenditure to them, moreover they are being compensated by way of costs. However, in case, respondent -plaintiff has any grievance against passing of this order, liberty is granted for recalling the order by making an appropriate application. Allowed in the above terms. May 02, 2011 ( JASWANT SINGH ) manoj JUDGE