Civil Revision No. 5541 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5541 of 2009(O&M) Date of Decision: September 23, 2009 Lakhbir Singh Fauji ......Petitioner Versus Jaswinder Kaur ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Bikramjit Arora, Advocate for the petitioner. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This revision petition has been filed against the order dated 24.8.2009 whereby the application of the petitioner for being granted one opportunity to cross-examine the plaintiff's witnesses has been declined on the ground that on 17.10.2007 the witnesses of the plaintiff were present but counsel for the petitioner was not present to cross-examine them and thereupon an order was passed declaring the cross-examination 'Nil' and that if so advised the petitioner should have filed a revision against that order and that this application would not lie. In my opinion it would be in the interest of justice if the petitioner is granted one opportunity to cross-examine the witnesses of the Civil Revision No. 5541 of 2009(O&M) 2 plaintiff. However, learned counsel is not in a position to deny that those witnesses had remained present on two occasions for the purpose of cross- examination but the same was not conducted. In the circumstances it would be appropriate if the respondent is compensated with costs. Consequently this revision is allowed. The impugned order is set aside. The learned Trial Court is directed to grant one opportunity to the petitioner to cross-examine the two witnesses namely PW1 Pavinder Jeet Singh and PW2 Jaswinder Kaur who had appeared on behalf of the plaintiff subject to costs of Rs.5000/- to be paid by way of demand draft in favour of the respondent. (AJAY TEWARI) JUDGE September 23, 2009 sunita