C.R. No. 2434 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2434 of 2009 Date of Decision: December 8, 2009 Gurmit Kaur and another …..Petitioners Vs. Raj Kumar and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Vijay Lath, Advocate and Mr. Naveen Sharma, Advocate for the petitioners. Mr.R.M. Gupta, Advocate for respondent No.1. -.- M.M.S. BEDI, J. (ORAL) The short question which is required to be adjudicated upon in this revision petition is whether the plaintiff Raj Kumar Arora, who had not been cross-examined by the defendant- petitioners could be recalled for his cross-examination. C.R. No. 2434 of 2009 [2] A perusal of the record indicates that the plaintiff- respondent has filed a suit for specific performance of an agreement of sale and for declaration that sale deeds executed by Narinder Singh, defendant No.2 in favour of defendants No.3 and 5 are null and void. The plaintiff- respondent Raj Kumar Arora claims that on the basis of agreement of sale dated November 5, 1999, he has a preferential right to purchase the properly. Raj Kumar, plaintiff- respondent has been examined-in-chief but it appears that on account of non-availability of the counsel for the defendant- petitioners, he was not cross-examined when on April 22, 2008, it was recorded that opportunity had been given but cross-examination was ‘nil’. I am satisfied that the petitioners and other defendants had been adopting delaying tactics but the cross-examination of plaintiff- respondent Raj Kumar Arora, will be necessary for arriving at the just conclusion by the Court below. Cross-examination is necessary in the interest of fairness and for just decision of the case. So far as the conduct of the petitioners is concerned, they can be penalized for their delaying tactics by directing them to pay costs for re-summoning of Raj Kumar Arora, PW1, for cross- examination. Revision petition is allowed and it is ordered that the trial Court will re-summon Raj Kumar Arora for cross-examination on December 15, 2009 or any other date to be fixed by the trial Court subject to payment of costs of Rs.5000/-. Costs of Rs.5000/- will be paid to the plaintiff- Raj Kumar Arora before cross-examination is undertaken by the Court. C.R. No. 2434 of 2009 [3] December 8, 2009 (M.M.S.BEDI) sanjay JUDGE