Civil Rev. 5259 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 5259 of 2008 Date of decision: 31.8.2009 Gurmakh Singh Petitioner vs Gram Panchayat and others Respondent Present Mr. Hardip Singh, Advocate Mr. Rakesh Verma, Advocate Mr. RC Chauhan, Advocate M.M.S.BEDI,J. DW Balbir Singh and DW Balwant Singh have been examined- in- chief. On account of the non availability of the counsel for the plaintiff on 16.9.2008, it is apparent that the witnesses could not be cross- examined. The cross-examination of the above said DWs was ordered to be treated as nil. A perusal of the impugned order dated 16.9.2008 indicates that a fair opportunity has not been given to the plaintiff to cross-examine the witnesses as his counsel was not available on 16.9.2008. In the interest of justice, the trial court while adjourning the case for production of documentary evidence of the defendants, should have deferred the case for cross-examination of DW Balbir Singh and DW Balwant Singh. Even otherwise, their cross-examination by the plaintiff's counsel would have facilitated the court to arrive at a fair and final decision by appreciating the cross-examination. In the interest of justice, the revision petition is allowed, Civil Rev. 5259 of 2008 2 impugned order dated 16.9.2008 is hereby set aside and it is ordered that the parties will appear before the trial court on 19.9.2009. The trial court will fix a particular date for cross-examination of DW Balbir Singh and DW Balwant Singh on the said date, who have been examined-in-chief, subject to payment of Rs.2000/- as costs. It is made clear that in case the costs are not offered or the counsel for the plaintiff is not available on the date given by the trial court, this revision petition will be deemed to have been dismissed. August 31 ,2009 ( M.M.S.BEDI ) TSM JUDGE