CR No. 8281 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No. 8281 of 2010 (O&M) Date of decision:- 20.12.2010 Shashibir Singh ....Petitioner. Vs. Sartbir Singh and others. ....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present:- Mr. Arjun Partap Atma Ram, Advocate, for the petitioner. ****** HEMANT GUPTA, J (ORAL) CM No. 32190-CII of 2010. Application is allowed as prayed for. CR No. 8281 of 2010 The plaintiff is in revision aggrieved against an order passed by the learned trial court on 20.11.2010, whereby the evidence of the plaintiff was closed as PW-1 Sarup Singh failed to appear for the purpose of cross-examination. It is contended by the petitioner that Sarup Singh, witness, has tendered his evidence vide affidavit Ex.PW1/A, but could not appear for the purpose of cross-examination because of his ill health and the fact that he had gone to United States of America for the purpose of treatment, where he further suffered health problems. It is pointed out that the case is now fixed for the defendant's evidence on 21.12.2010 and that the witness CR No. 8281 of 2010 2 will appear on the said date for the purpose of cross- examination. It is further pointed out that the petitioner shall compensate the defendants for delay in examining Sarup Singh for the purpose of cross-examination. Keeping in view the entire facts and circumstances of the case and the fact that the witness is a senior citizen and is under medical treatment, I deem it appropriate to permit the petitioner to examine Sarup Singh as witness on 21.12.2010, the date already fixed, subject to payment of Rs.5000/- as cost. The petitioner shall pay cost on the date fixed and also examine the witness on the same date. Learned trial court shall record cross-examination on the date fixed, only if the petitioner deposits the cost. The court shall proceed to record the evidence of such witnesses as well, if any of the defendant witnesses are present. The revision petition is disposed of accordingly. Copy of this order be given dasti to the learned counsel for the petitioner under the signatures of the Special Secretary. (HEMANT GUPTA) 20.12.2010 JUDGE aj