Civil Revision No.3873 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3873 of 2010 Date of Decision: 2.7.2010 Nachhattar Singh .....Petitioner Versus Mohinder Pal Singh ......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri Gurbir Singh Toor, Advocate, for the petitioner. HEMANT GUPTA, J (Oral). The petitioner challenges the order dated 17.8.2009, whereby, the defence of the petitioner-defendant has been struck off and the order dated 22.5.2010, whereby an application for review of the said order was dismissed. It is contended by the learned counsel for the petitioner that prior to 17.8.2009, the plaintiff’s witnesses were not present, which is evident from orders dated 30.3.2009 and 10.6.2009. It was on 11.5.2009, the witnesses were present, but the Advocates were abstaining from work. In view of the said fact, the absence of the counsel for the defendant on 17.8.2009 could not be said to be intentional so as to delay the proceedings. It is incorrectly recorded that many opportunities have been availed of by the counsel for the defendant to cross-examine the witnesses. Learned counsel for the petitioner further pointed out that the case is fixed for 19.7.2010 and if the witnesses of the plaintiff are present on the aforesaid date, the defendant shall cross- Civil Revision No.3873 of 2010 [2] examine the same and also compensate the plaintiff for the delay, if any, in cross-examining the witnesses. In view of the said fact, the impugned orders are set aside. The defendant-petitioner is granted one opportunity to cross- examine the witnesses of the plaintiff subject to payment of Rs.2,000/- as costs. If the witnesses of the plaintiff are present on the date fixed, the defendant shall cross-examine the said witnesses on the aforesaid date. In the absence of the witnesses on such date, the trial Court shall fix another suitable date for appearance of the witnesses of the plaintiff to enable the defendant to cross-examine the said witnesses. However, the costs of Rs.2,000/- shall be paid on the date fixed i.e. 19.7.2010. In the event of failure of the petitioner to comply with any of the directions given above, the defence of the defendant shall remain struck off. Revision petition stands allowed in the above terms. [ HEMANT GUPTA ] JUDGE 2.7.2010 ds