CR No. 7551 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7551 of 2011 Date of decision: 8.12.2011 Surinder Singh and another ....Petitioners Versus Talib Singh Sandhu ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SS Panag, Advocate for the petitioners ***** Jitendra Chauhan, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order impugned order 14.10.2011, passed by the learned Civil Judge, Junior Division, Ludhiana, whereby the cross-examination of PW4 was treated as 'Nil'. The brief facts of the case are that plaintiff-respondent filed a suit for specific performance of agreement to sell dated 10.4.1989 alleged to be executed by Surinder Singh in favour of Rajinder Kaur. The written statement was filed on behalf of the petitioners-defendants. On 14.10.2011, the cross-examination of PW4 was treated as 'Nil' and thereafter, the plaintiff -respondent closed his evidence on the same date. Learned counsel for the petitioners/defendants contends that CR No. 7551 of 2011 2 due to some unavoidable circumstances, the counsel for the defendants could not cross-examine PW4. He further contends that no prejudice will be caused to the other party. Therefore, the petitioners/ defendants may be granted one last opportunity to cross-examine PW4. After hearing the learned counsel for the petitioners and perusing the case file, this Court feels the petitioners/defendants can be granted one last opportunity to cross-examine PW4- Sukhdev Singh because non-cross-examination of the said witness would material affect the outcome of the case. Accordingly, the present revision petition is accepted. The impugned order dated 14.10.2011 is set aside. The learned trial Court is directed to grant one last opportunity to the petitioners/defendants to cross- examine PW4- Sukhdev Singh, on the date to be fixed by the learned trial Court. The same shall be subject to payment of `15,000/- as costs. 8.12.2011 (JITENDRA CHAUHAN) gsv JUDGE