Civil Revision No. 1558 of 2009 (O&M) -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1558 of 2009 (O&M) Date of decision: 5.05.2009. Kashmir Singh Petitioner Versus Kartaro Bai and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Sandeep Khunger, Advocate for the petitioner. Mr. S.K.Arora, Advocate for the respondents. ***** S.D.ANAND, J. Civil Misc. No.10834-CII of 2009 On consensual basis, the Civil Misc. application shall stand allowed and the persons indicated in the Civil Misc. shall be brought on record as Legal representatives of deceased petitioner Kashmir Singh subject to all just exceptions. Civil Revision No/1558 of 2009 The grievance of the petitioner is that closure of his evidence had been ordered for inappropriate reasons. In that context, it is pointed out that the examination-in-chief of four witnesses (including the deceased plaintiff-petitioner Kashmir Singh) had been recorded on 6.6.2007 and their cross-examination was deferred on the request of the party opposite. They never ever turned up thereafter for cross-examination. Besides it, the diet money for Civil Revision No. 1558 of 2009 (O&M) -2- **** the summoning of Sh. Gavinder Kumar Jindal, Advocate-Notary Public had been deposited on 6.2.2007 and copy of summons had also been who had been delivered to witness aforementioned who did not, however, turn up for a deposition. The plea raised thereby is that it was for the learned Trial Court to ensure that the cross- examination of four witnesses; who were examined-in-chief on 6.6.2007 and statement of Sh. G.K.Jindal who had been served for appearance in the Court, were recorded. If a party files a process fee (and deposit diet money) for the summoning of witnesses in time, it is the responsibility of the Court to ensure that summonses for their presence are issued. Further, if a witness stands served for appearance before the Court but does not enter appearance, it is for the court to issue appropriate steps to secure his presence. The accountability of a party is discharged the moment the witnesses are summoned in time by an appropriate motion. The evidence of a such like party cannot be closed just because the presence of those witnesses could not be secured, for one reason or the other but not attributable to a default on the part of the party concerned. The petition shall stand allowed accordingly subject to payment of Rs.5000/- as costs. The learned Trial Court shall allow the cross-examination to be conducted on three witnesses whose examination-in-chief had been recorded on 6.6.2007. The deceased plaintiff-petitioner (Kashmir Singh) had also been examined- in-chief on that date but in view of the fact that he died in the meantime and Civil Revision No. 1558 of 2009 (O&M) -3- **** his legal representatives have been brought on record, the learned Trial Court shall allow one of the legal representatives to be examined as a substitute. The learned Trial Court shall also issue appropriate process to secure the presence of Sh. G.K.Jindal, Advocate-Notary Public. May 05, 2009 (S.D.Anand) Pka Judge