C.R. No. 6091 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.R. No. 6091 of 2011 (O&M) Date of Decision: November 21, 2011 Jarnail Singh and others ............................... Petitioners Versus State of Haryana 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. Robin Dutt, Advocate for the petitioners. ... RITU BAHRI, J. (Oral) Counsel for the petitioners contends that vide order dated 29.8.2011 the evidence of the defendant is closed. The plaintiff was to cross-examine DW1 Man Singh. This order was passed by the Civil Judge (Jr. Divn.), Bilaspur. An application for recalling the witness DW-1 Man Singh, Kanungo was filed stating that a new Court has been established in Sub Division Bilaspur. In his application, he has stated that the suit was to be transferred to Bilaspur. However, on the date fixed the evidence was closed by Shri C.R. No. 6091 of 2011 (O&M) [ 2 ] Vijayant Sehgal, Civil Judge (Jr. Divn.), Jagadhri. When the suit was transferred to the Court at Bilaspur, he made an application for recalling the witness DW1-Man Singh. The Court at Bilaspur started functioning on 16.8.2011 but somehow this suit was not transferred. Due to this inadvertent mistake the evidence of the plaintiff was closed. Vide order dated 5.9.2011 this fact is clear that the file was received by transfer by the Court of Civil Judge (Jr. Divn.), Bilaspur. Once the file had been received by transfer the application for recalling has been dismissed vide order dated 14.9.2011. From the above facts, it is clear that the opportunity of cross-examining DW1 was not intentionally waived off by the petitioner. In view of the above, this Civil Revision is allowed. The order dated 29.8.2011 (Annexure P1) is set aside and one opportunity is granted to the plaintiff to cross-examine DW1-Man Singh subject to payment of `3,000/- as costs. If the defendant has any objection to this order, he is at liberty to approach this Court. 21.11.2011 ( RITU BAHRI ) Rupi JUDGE