IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6819 of 2009 (O&M) Date of decision : 26.11.2009 Giani Ram … Petitioner Versus Randhir and others …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.Rajesh Bansal, Advocate for the petitioner. Sabina, J (Oral) The plaintiff-petitioner had filed the suit for permanent injunction restraining the defendants for ever from damaging, demolishing or interfering in any manner in the wall in dispute. A perusal of the interim orders reproduced in the grounds of the petition reveal that although the defendants had filed a written statement as well as counter claim yet no issues were framed by the trial Court. The case was adjourned by trial Court for plaintiff’s evidence. On 23.10.2007, the examination-in-chief of three witnesses of the petitioner were recorded and their cross-examination was deferred. Although, thereafter, opportunity was granted to the plaintiff to produce the said witnesses for cross-examination but the plaintiff-petitioner failed to do so. Vide impugned order dated 12.10.2009, the evidence of the petitioner was closed by order. Hence, the present revision petition. Learned counsel for the petitioner has submitted that only one opportunity be granted to the petitioner to enable him to produce the three witnesses whose examination-in-chief has already been conducted for cross- examination. CR No.6819 of 2009 After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed. Examination-in-Chief of PW-1 to PW-3 was conducted on 23.10.2007 and their cross-examination was deferred. In any case, if one opportunity is granted to the petitioner to produce the said witnesses for cross- examination, the lis between the parties will be disposed of on merits. The other side can be compensated with costs. The application filed by the petitioner for framing of the necessary issues, is also stated to be pending before the trial Court. Accordingly, this petition is allowed and the trial Court is directed to grant one opportunity to the petitioner to produce for cross-examination PW-1 to PW-3 subject to payment of Rs.2500/- as costs. Thereafter, the trial Court shall proceed further with the case, in accordance with law. [ SABINA ] JUDGE 26.11.2009 sd 2