C.R. No. 7002 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.R. No. 7002 of 2011 (O&M) Date of Decision: November 21, 2011 Bhuvnesh Jain and another ............................ Petitioners Versus Harpal Singh and others .............................. Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. D.S.Sandhu and Mr. Paramjit Singh Saini, Advocates for the petitioners. ... RITU BAHRI, J. (Oral) The undisputed facts are that the suit was filed on 18.1.1996 in which the issues were framed on 8.1.2002. The suit was dismissed in default and thereafter on an application for restoration the suit was restored. The petitioners/plaintiffs had taken 17 opportunities to lead evidence. An application under Order 7 Rule 11 CPC was filed on 25.2.2011 by defendant No.15 seeking the respondents to file the ad-valoram court fee. This application was subsequently withdrawn on 15.4.2011 as not pressed. The petitioners were under the bonafide belief that during the pendency of this application they are not allowed to appear for cross-examination. The evidence of the plaintiffs was closed on 26.7.2011. The plaintiffs/petitioners were not informed C.R. No. 7002 of 2011 (O&M) [ 2 ] by their counsel who had gone abroad. However, on 8.8.2011 when they appeared for cross-examination they came to know that the evidence has been closed. The Application before the trial Court for allowing the petitioners to appear for cross- examination was dismissed on 3.10.2011. The petitioners are seeking one opportunity so that they are cross-examined by the defendants as they have been pursuing the suit since 1996 and they are under a bonafide belief that till the disposal of the application they were not required to appear for cross- examination. Their counsel did not inform them that the application under Order 7 Rule 11 CPC had been withdrawn as not pressed on 15.4.2011. Taking the totality of circumstances into consideration, this Civil Revision is allowed. The order dated 3.10.2011 (Annexure P4) is set aside and one opportunity is given to the plaintiffs Bhuvnesh Jain and Vinay Jain to appear and get themselves cross-examined by the defendants subject to payment of `5,000/- as costs. If the defendants have any objection to this order, they are at liberty to approach this Court. 21.11.2011 ( RITU BAHRI ) Rupi JUDGE