Civil Revision No.3090 of 2011 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Civil Revision No.3090 of 2011 (O&M) Date of decision: 10.5.2011 Babu Lal Yadav ......petitioner Versus Tara Devi and others .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.H.S.Rakhra, Advocate for the petitioner. **** SABINA, J. The plaintiff has filed a suit for mandatory injunction. In support of her case, the plaintiff herself admitted in the witness box as PW-1 and examined PW-2 Kishori Lal, draftsman and PW-2 Bajrang Lal Saini, Advocate. The examination-in-chief of the said witnesses was recorded but the defendants failed to cross-examine the said witnesses. Vide the impugned order dated 28.3.2011, the trial Court closed the right of the defendants to cross-examine the witnesses examined by the plaintiff. Hence, the present petition by defendant No.1. Learned counsel for the appellant has submitted that only one opportunity be granted to the defendants to cross-examine the Civil Revision No.3090 of 2011 (O&M) 2 witnesses examined by the plaintiff. On 3.3.2011, counsel for the defendants was not available and hence, the witnesses examined by the plaintiff could not be cross-examined. Similarly on 28.3.2011, counsel for the defendants was not available and a request was made on 26.3.2011 for an adjournment. After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be allowed. The plaintiff has filed a suit for mandatory injunction and examination-in-chief of three witnesses has been recorded. In case the defendants are allowed to cross-examine the witnesses examined by the plaintiff, the lis between the parties will be disposed of on merits. Moreover, the plaintiff can be compensated with costs. Now the case is listed before the trial Court on 3.8.2011 for defendants' evidence. Accordingly, this petition is allowed. The trial Court is directed to allow the defendants to cross-examine the witnesses examined by the plaintiff on the date fixed i.e. 3.8.2011 subject to payment of ` 5,000/- as costs. Thereafter, the trial Court shall proceed with the case in accordance with law. Consequently, the witnesses examined by the plaintiff be summoned for 3.8.2011 by the trial Court. (SABINA) JUDGE May 10, 2011 anita