IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. NO.847 OF 2009 DATE OF ORDER: 16.2.2009 Balbir Singh ....Petitioner(s) Versus Jaswinder Singh and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.S. Bajaj, Advocate for the petitioner. JASWANT SINGH, J. (ORAL) This petition has been filed by petitioner-defendant No.1 Balbir Singh challenging order dated 8.12.2008 passed by learned Additional Civil Judge(Sr.Divn.), Jalandhar whereby his application for recalling order dated 28.7.2008 has been dismissed. It is apparent from the record that respondent No.1-plaintiff Jaswinder Singh filed a suit for declaration that he is the owner in joint possession of the land measuring 23 kanals 8 marlas as per his share on the basis of sale deed dated 27.11.1997 and also challenged the judgment and decree dated 26.9.1991 passed in civil suit filed by the petitioner-defendant No.1 against Daya Singh and others for specific performance. Case was fixed for cross-examination of PW1 Jaswinder Singh-plaintiff(respondent No.1) after he had tendered his affidavit by way of examination-in-chief on the previous date. On 28.7.2008, following order was passed: “PW1 on S.A Jaswinder Singh S/o S. Roshan Singh Re-called for cross- C.R. NO.847 OF 2009 #2# examination. Xxxx Opportunity given, cross-examination nil.” On the same day, petitioner-defendant No.1 filed an application for recalling of the order, which has been dismissed vide the impugned order. Hence, the present revision petition. Learned counsel for the petitioner-defendant No.1 contends that Sh. O.P. Kangniwal, Advocate had appeared on that date i.e 28.7.2008 at 11.00 AM when the evidence of another case was being recorded, therefore, he had proceeded to attend his other case fixed before another Court. In the meanwhile, present case/suit was taken up and the above reproduced order dated 28.7.2008 was passed. Learned counsel further submits that on coming to know of this order, said Sh. O.P. Kangniwal, Advocate, on that very date, had moved an application for recalling of the order dated 28.7.2008. After hearing learned counsel for the petitioner, this Court feels that the petitioner-defendant No.1 deserves to be granted one opportunity for cross-examination of plaintiff Jaswinder Singh as the version given for non-appearance, cannot be doubted and appears to be bonafide. Accordingly, this revision petition is allowed and orders dated 28.7.2008 and 8.12.2008 passed by learned Additional Civil Judge (Sr.Divn.), Jalandhar are set aside. Learned trial Court is directed to grant one effective opportunity to the petitioner-defendant No.1 to cross-examine PW1 Jaswinder Singh-plaintiff on a date to be fixed by it, subject to payment of Rs.3,000/- as costs to be paid to respondent No.1-Jaswinder Singh (plaintiff). This order is being passed without issuing notice to the C.R. NO.847 OF 2009 #3# respondents as it would result in unnecessarily delay in the matter and expenses for the other party. In any case, respondent No.1-Jaswinder Singh/plaintiff is being compensated by way of costs. Disposed of. February 16, 2009 ( JASWANT SINGH ) manoj JUDGE