C.R. No. 2685 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2685 of 2009 Date of Decision: July 7, 2009 M/s Cargo Motors Pvt. Ltd. …..Petitioner Vs. M/s Janta Coach Builders and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Arun Bakshi, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) This revision petition has been preferred against the order dated April 21,2009 by virtue of which the cross-examination of DW1 Gurdeep Singh has been treated to be ‘nil’ on account of non-availability of counsel for the plaintiff, by simultaneously marking the presence of counsel for the plaintiff. An affidavit of counsel for the plaintiff before the trial Court has been placed on record as annexure P-2, with an averment that the presence of counsel for the plaintiff has been wrongly marked. Even C.R. No. 2685 of 2009 [2] otherwise, a perusal of the order dated April 21, 2009 indicates that the counsel for the plaintiff had failed to conduct cross-examination when the case was called several times. Without entering into the controversy whether counsel for the plaintiff was present when the cross-examination of DW1 was treated as nil, it is sufficient to observe that an important right to cross-examine the defendant’s witness has been denied to the plaintiff. The cross-examination would be necessary for the just decision of the case as it would help the trial Court to arrive at a just conclusion regarding the claim of the plaintiff and the authenticity of the evidence produced by the defendant. The revision petition is allowed. The order dated April 21, 2009 is hereby set aside with a direction to the trial Court to permit one opportunity to the petitioner/ plaintiff to cross-examine DW1-Gurdeep Singh, however a costs of Rs.1000/- will be payable to the defendant by the plaintiff. July 7, 2009 (M.M.S.BEDI) sanjay JUDGE