CR No. 3316 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 3316 of 2011 Date of Decision: 19.5.2011. Brij Lal .......Petitioner Vs. Rajesh Garg ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Inderjit Sharma, Advocate for the petitioner. ..... SABINA, J. Plaintiff-respondent has filed a suit for possession by way of specific performance of agreement to sell dated 18.4.2002. Vide the impugned order dated 26.4.2011, the application, filed by the plaintiff for recalling him as a witness for his cross examination, was allowed. Hence, the present petition by the defendant. Learned counsel for the petitioner has submitted that examination in chief of the respondent had been recorded but he failed to appear for his cross examination. During the course of arguments, it was pointed out by the counsel for the petitioner that the statement of the plaintiff could not be read in evidence as he had not been cross examined. At this stage, the application for recalling the plaintiff for cross examination was, thus, liable to be dismissed. After hearing learned counsel for the petitioner, CR No. 3316 of 2011 -2- I am of the opinion that the instant petition deserves dismissal. Admittedly, the examination in chief of the plaintiff was recorded on 23.4.2007. It appears that due to inadvertence the plaintiff thereafter, did not step into the witness box for his cross examination. Admittedly, the said mistake came to light during the course of arguments when it was pointed out by the learned counsel for the petitioner-defendant. Keeping in view the ends of justice, the learned trial court had rightly allowed the application, so that the cross examination of the plaintiff could be conducted. In these circumstances, no ground for interference is made out. Dismissed. (SABINA) JUDGE May 19, 2011 Gurpreet