CR No. 6750 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6750 of 2008 Decided on : 05-12-2008 Rajinder Singh ....Petitioner. VERSUS Mohinder Kaur and others ....Respondents CORAM:- HON'BLE MR JUSTICE MAHESH GROVER Present:- Ms. Jatinder Jit Kaur, Advocate for the petitioner. MAHESH GROVER, J This revision petition is directed against the order dated 15.11.2008 whereby the opportunity to cross examine DW2 has been directed to be treated as given up. Learned counsel for the petitioner with a reference to the zimni orders which have been reproduced in the petition contended that this was the first date on which prayer for change of the counsel has been made. But the order reflects that such a prayer has been made earlier also. It is further contended that the petitioner has already concluded his evidence and defendant is not adducing his evidence which is also borne out from the zimni orders. After hearing learned counsel for the petitioner and perusing the record, I am of the considered opinion that the revision petition can be disposed of without issuance of notice of motion as resorting to this process is likely to delay the proceedings further. Having regard to the nature of controversy, I am of the opinion CR No. 6750 of 2008 2 that the Trial Court has gone wrong in depriving the petitioner an opportunity to cross-examine DW2. Zimni orders reflect that it is the defendant who has been taking several opportunities and the petitioner cannot be burdened for the faults of the respondent. Besides, the observation that earlier also time was prayed for by the petitioner does not seem to be correct. In this view of the matter, revision petition is accepted and the impugned order is set aside and it is directed that the petitioner shall be given one effective opportunity to cross-examine the concerned witness. December 5, 2008 (Mahesh Grover) rekha Judge