CR No. 7665 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7665 of 2011 (O&M) Date of decision:12.12.2011 Kanta Devi ....Petitioner Versus Kamla Devi @ Kamla Verma ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Mayank Mathur, 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 the impugned order dated 4.8.2011, (Annexure P-1) passed by the learned Civil Judge (Junior Division), Patiala, whereby the evidence of the petitioner-plaintiff was closed by court order. CR No. 7665 of 2011 (O&M) 2 The brief facts of the case are that the plaintiff-petitioner filed a suit for mandatory injunction directing the defendant to get the sale deed registered, regarding plot No.4564/2 situated at Chattan Nanu Mal, Patiala measuring 135 sq. yards. Issues were framed by the learned trial court on 19.11.2008. The petitioner had been granted six opportunities including last opportunity to conclude her evidence. On 4.8.2011, no PW was present and evidence of the plaintiff-petitioner was closed by order. Learned counsel for the petitioner contends that the petitioner plaintiff tendered her examination-in-chief by way of affidavit. She was cross-examined at length by the counsel for the respondent on two dates, but it could not be completed. On 4.8.2011, on account of some family problem, she could not reach the Court and her cross-examination was ordered to be closed by court order. Therefore, she may be granted last opportunity to be cross-examined by the defendant, subject to payment of costs. After hearing the learned counsel for the petitioner and perusing the case file, this Court feels that cross-examination of the plaintiff- petitioner would better equip the learned Court to appreciate the question involved for determination and the same might materially affect the outcome of the case. Therefore, keeping in view the facts and circumstances of the case, petitioner-plaintiff deserves one opportunity to complete her cross-examination. The case is at the stage of evidence of the defendant. In view of the above, the present revision petition is accepted. The impugned order dated 4.8.2011 is set aside. The learned trial Court is directed to grant one more opportunity to the petitioner-plaintiff to complete CR No. 7665 of 2011 (O&M) 3 the cross-examination by the opposite party. The respondent-defendant is directed to cross-examine the plaintiff-petitioner (PW1) on the date to be fixed by the learned trial Court. The same shall be subject to payment of ` 10,000/- as costs. If the defendant fails to cross-examine the plaintiff-petitioner, on the date fixed by the learned trial Court, no further opportunity will be granted to the defendant to cross-examine the plaintiff. The plaintiff will remain present in Court on the date fixed by the learned Civil Judge for cross-examination from 10 AM to 4 P.M. 12.12.2011 (JITENDRA CHAUHAN) gsv JUDGE