IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 5404 of 2010 (O&M) Date of decision: February 10, 2011 Mehar Singh .. Petitioner Vs. Tejbir and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. J.S. Virk, Advocate for the petitioner. Mr. Ashish Gupta, Advocate for the respondents No.1 to 3. Mr. Subhashish Kukreja, Advocate for Mr. G.S. Hooda, Advocate for the respondent No.6. A.N. Jindal, J (Oral) The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 22.7.2010 (Annexure P1) passed by the trial court whereby the defendant- petitioner (herein referred as, 'the petitioner') was not allowed to cross- examine the witnesses as examined by the plaintiff- respondent (herein referred as, 'the respondent). Heard, the order dated 20.5.2010 reveals that the respondent examined five witnesses in part and their cross examination was deferred for 22.7.2010. However, on 22.7.2010, none of the witnesses was produced for cross- examination. The order dated 22.7.2010 is reproduced as under :- “Present: Shri S.C. Mohan, counsel for the plaintiff. Shri D.R. Goel, counsel for defendants No.1 & 2. Defendant No.3 ex-parte. One PW is present and recorded. Ld. Counsel for plaintiff closed plaintiff's evidence. Now the case is adjourned to 27.8.2010 for defendant's evidence. Sd/- (Sunil Kumar) CJ/JD Karnal 22.7.2010” Civil Revision No. 5404 of 2010 (O&M) -2- *** The order indicates that no other witness except one was produced for cross examination by the defendant, whereas according to the order dated 20.5.2010, the plaintiff was also required to produce other witnesses for cross-examination. Consequently, the instant petition is allowed, impugned order is set aside and the trial court is directed to re-call plaintiff's witnesses (who had not been cross-examined) for cross-examination by the defendant. February 10, 2011 (A.N. Jindal) deepak Judge