IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1790/2009 Date of Decision:31.3.2009. Mohinder Kaur and another ..........Petitioners. Versus Tarlok Singh ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Arun K.Bakshi,Advocate for the petitioners. JASWANT SINGH,J(Oral). Petitioners-defendants have filed the present revision petition under Article 227 of the Constitution of India challenging the order dated 10.12.2008 passed by the learned Civil Judge (Junior Division)Jalandhar, whereby on account of non-appearance of counsel for the petitioners-defendants, the cross examination of two plaintiff's witnesses(PWs), who were present on 10.12.2008, was ordered to be” treated as nil, opportunity given”. Learned counsel submits that on the previous date of hearing i.e. 7.12.2008 examination in chief of one of the aforesaid two PWs was completed and the counsel for the petitioners was present to cross examine him but since the Presiding Officer had to attend a monthly meeting, therefore cross examination of said PW was deferred to 10.12.2008. Further, by placing reliance on resolution dated 9.12.2008 (Annexure P/1) passed by the District Bar Association, New Courts, Jalandhar, learned counsel for the petitioners submits that on 10.12.2008 members of the Bar were abstaining from work and were observing it as “no work day” for showing solidarity with the CR NO.1790/2009 2 Bar Associations of Amritsar and Ludhiana, and as such counsel for the petitioners could not be present to cross examine the PWs. It is further submitted that since 10.12.2008 no effective proceedings have taken place and the case is now fixed for 21.4.2009. In these circumstances, learned counsel prays that one last opportunity be granted to the petitioners-defendants to cross examine all the PWs, subject to payment of costs, as this Court may deem appropriate. After hearing the learned counsel and perusing the paper book, this Court is of the opinion that there existed sufficient reasons for non-appearance of the counsel for the petitioners-defendants on 10.12.2008. This Court is further of the opinion that in order to advance the interest of justice, petitioners-defendants should be given one last opportunity, subject to payment of costs, to cross examine all the PWs on the next date of hearing i.e. 21.4.2009, or on a date to be fixed by the trial Court. For the reasons stated above, present revision petition is allowed, impugned order dated 10.12.2008 is set aside and petitioners-defendants are granted one last opportunity to cross examine all the PWs on the next date of hearing i.e. 21.4.2009 or on a date to be fixed by the Trial Court. This shall, however, be subject to payment of costs of Rs.2000/- to be paid to the respondent-plaintiff. This order is being passed without issuing notice to the respondent- plaintiff so as to avoid unnecessary delay and save him from litigation expenses. 31.3.2009. (Jaswant Singh) joshi Judge