Civil Revision No. 3727 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3727 of 2011 Date of Decision: 03.06.2011 *** Chamba Ram & Anr. .. Petitioners Vs. Ram Piari & Anr. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Amandeep Singh Manaise, Advocate for the petitioners. *** ARVIND KUMAR, J. The request of the petitioners-plaintiffs for conducting cross- examination of DW3 Dr.J.C. Garg, who proved the post-mortem report of Boota Ram, has been dismissed by virtue of the impugned order dated 18.4.2011, leading to the institution of the present revision petition. Heard. Learned counsel for the petitioner has argued that inadvertently, the aforesaid witness could not be examined and the petitioners were under the impression that the cross-examination of this witness has been deferred, but later they came to know that it was treated as nil despite opportunity granted. A request has been made for grant of opportunity to cross examination of the aforesaid witness at the risk and cost of the petitioners, besides compensating the respondents-defendants. The suit is for recovery of damages on the ground of malicious prosecution of the petitioners in a case of murder of Boota Ram, at the instance of the respondents. In the considered opinion of this Court for whatever reason, cross examination upon this witness was not conducted, but his evidence is important for the just and proper decision of the case and if the petitioners are not granted an opportunity to cross-examine him, obviously they will suffer an irreparable loss. Even otherwise, no prejudice is going to be caused to the respondents, who can well be compensated with Civil Revision No. 3727 of 2011 2 costs. Accordingly, this revision petition is allowed and order, under challenge, is set aside. The trial court is directed to grant one effective opportunity to the petitioners to conduct cross-examination upon the aforesaid witness, subject to payment of costs of Rs.2,000/-. It is further directed that the aforesaid witness be summoned at the risk and costs of the petitioners. In case the cost is not paid on the next date of hearing fixed before the learned trial Court, the instant petition shall be deemed to have been dismissed. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party. If respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. (ARVIND KUMAR) JUDGE June 03, 2011 Jiten