Civil Revision No. 2890 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2890 of 2010 Date of Decision: May 04 , 2010 Mahender Singh ...... Petitioner Versus Smt. Daya Wati and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.M.K.Sood, Advocate for the petitioner. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This petition has been filed against the order declining the application of the petitioner-defendant for directing the respondent-plaintiff to cross-examine him. The petitioner-defendant had filed his affidavit in his examination-in-chief on 16.1.2009. Thereafter the matter was repeatedly adjourned for cross-examination of the petitioner and for his remaining evidence. Ultimately by order dated 28.08.2009 the evidence of the petitioner-defendant was closed. The petitioner-defendant moved an application under Order 47 Rule 1 CPC claiming that the order dated 28.08.2009 should be reviewed and making a prayer that he should be Civil Revision No. 2890 of 2010 2 cross-examined. That application has been rejected as mentioned above. Learned counsel for the petitioner states that the matter is now fixed for 14.05.2010 for rebuttal evidence of the respondent-plaintiff and that no rebuttal evidence has been led so far. Further states that in the circumstances it would advance the cause of justice if the petitioner- defendant is cross-examined because otherwise the case of the plaintiff- respondent would be decreed without contest. Further states that since no evidence has been led in rebuttal by the respondent-plaintiff, if the petitioner is cross-examined on 14.05.2010 no prejudice would be caused to the respondent-plaintiff. In my opinion the arguments of learned counsel for the petitioner carry weight. It is not as if the petitioner is now seeking to lead other evidence but only seeking that he should be cross-examined since his affidavit had been filed on 16.01.2009. In the circumstances this petition is allowed. It is ordered that the respondent-plaintiff would cross-examine the petitioner on the date fixed viz. 14.05.2010. It is, however, made clear that in case the petitioner does not appear on the date fixed, no further opportunity shall be granted to him to appear and subject himself to cross-examination. After the cross- examination of the petitioner, if necessary, the case may be adjourned to enable the respondent-plaintiff to lead rebuttal evidence. (AJAY TEWARI) JUDGE May 04, 2010 sunita