Civil Revision No. 3253 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3253 of 2011 Date of Decision: 7.7.2011 *** Avtar Singh & Ors. .. Petitioners Vs. Jhanda Singh & Ors. .. Respondents with Civil Revision No. 3254 of 2011 *** Avtar Singh & Ors. .. Petitioners Vs. Jhanda Singh & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Satinder Khanna, Advocate for the petitioners. Mr. Namit Gautam, Advocate for the respondents. *** ARVIND KUMAR, J. The petitioners are the plaintiffs in the suit for declaration and joint possession. During the course when the evidence of defendants- respondents was going on, one Gunwant Kaur appeared as DW5 on 9.3.2011 and her examination-in-chief was recorded in pre-lunch session and the file was ordered to be put up after post-lunch session on account of non-availability of counsel for the petitioner, who did not appear. Ultimately, the cross examination of aforesaid witness was treated as NIL vide order of even date dated 9.3.2011. The plaintiffs then filed an application seeking review of the aforesaid order dated 9.3.2011, which does not find favour with the Court below and the same was dismissed vide order dated 5.5.2011. The plaintiffs, laying challenge to order dated 9.3.2011 have preferred Civil Revision No. 3253 of 2011 while with the filing of Civil Revision No. 3254 of 2011, subsequent order dated 5.5.2011 has been impugned. Both the revision petitions are being disposed of by this common Civil Revision No. 3253 of 2011 2 order passed in CR No. 3253 of 2011. Heard. This Court, while issuing notice of motion, on 17.5.2011 observed that the plaintiffs adopted an evasive approach to cross-examine DW5 Gunwant Kaur, an old lady and for their dilatory tactics, they have to be penalized by imposing heavy cost. Consequently, the petitioners were directed to deposit Rs.10,000/- in each case with the Registry. The said amount is reported to have been deposited. The perusal of the records, the callous approach adopted by the petitioners in getting the defendants' witness cross-examined is writ at large. Even otherwise, learned counsel for the petitioners has also prayed for grant of one opportunity to conduct cross- examination upon the aforesaid witness. In the light of the observations made by this Court while issuing notice of motion and the fact that the case is still at the stage of defendants' evidence, in the considered opinion of this Court, it would be in the fitness of things if the petitioners-plaintiffs are granted one effective opportunity to conduct cross-examination upon the aforesaid witness. Accordingly, the revision petitions are allowed and orders, under challenge, are set aside, subject to costs of Rs.20,000. The trial court is directed to grant one effective opportunity to the petitioners-plaintiffs for conducting cross-examination upon DW5 Gunwant Kaur. Out of the aforesaid amount a sum of Rs.10,000/- shall be paid to DW Gunwant Kaur on her appearance while remaining amount of Rs.10,000/- be paid to the defendants to be apportioned equally. The trial Court shall ensure the presence of DW5 Gunwant Kaur. The amount of Rs.20,000/-, as deposited by the petitioners-plaintiffs, which is lying with the Registry of this Court shall be refunded to the petitioners on production of relevant proof with regard to the payment of aforesaid amount to the witness and the defendants, in the manner above. Photocopy of the order be placed in the connected petition. (ARVIND KUMAR) JUDGE July 07, 2011 Jiten