IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6270 of 2011 (O&M) Date of decision: 14.10.2011 Sati Devi ....Petitioner Versus Veena Devi ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Pardeep Bajaj, Advocate for the petitioner ***** Jitendra Chauhan, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 29.7.2011, passed by Civil Judge (Jr.Divn.), Ludhiana vide which the evidence of the plaintiff- petitioner was closed by order dated 29.7.2011 and further to grant one last opportunity to conclude her evidence. Learned counsel for the petitioner contends that though 33 effective opportunities were given but on most of the dates, the time was mainly sought by the counsel for the defendant/respondent. Further contends that the defendant-respondent has not been able to cross-examine PW1 to PW5, who are the material witnesses and the same will affect the outcome of the suit. CR No.6270 of 2011 (O&M) -2- I have heard learned counsel for the petitioner and have gone through the case file carefully including the the Zimni orders passed by learned trial Court. From the perusal of the case file, it is made out from para No.8 of the petition that on most of the dates, no effective hearing took place. On some of the dates witnesses were not present. However, on some of the dates, cross-examination of the witnesses present in the Court was deferred at the request of counsel for the defendant-respondent. Affidavits of PW1 to PW5 were tendered on 15.5.2006. It is the defendant, who delayed the proceedings on one pretext or the other. Keeping in view the fact that non-examination of the witnesses would materially affect the proper adjudication of the case, in the interest of justice one more opportunity is granted to the petitioner-plaintiff to produce her witnesses i.e. PW1 to PW5 for cross-examination, subject to payment of ` 10,000/- as cost. If required, the petitioner-plaintiff will seek assistance of the Court to procure the presence of the witnesses to be cross-examined, but that too, will be at her own cost and responsibility. The date of cross- examination of the witnesses will be fixed by the learned Trial Court. Accordingly, the present revision petition is allowed; impugned order dated 29.7.2011 is set aside with the above observations. 14.10.2011 (JITENDRA CHAUHAN) gsv JUDGE