IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 16.08.2010 C.R.No.2654 of 2010 Manjit Singh ...Petitioner Versus Jagjit Singh ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Malkeet Singh, Advocate, for the petitioner. Ms. Geeta Sharma, Advocate, for respondent No.1. HEMANT GUPTA, J. (Oral) Challenge in the present revision petition is to the order passed by the learned trial Court on 9.11.2009, whereby the cross-examination of the plaintiff’s witnesses i.e. PW-2 Jagjit Singh and PW-3 Navdeep Gupta was recorded as Nil and the order dated 20.02.2010, whereby the application for recall of the said order was dismissed. In the order dated 20.02.2010, it has been found by the learned trial court that earlier the defendant has been given time to cross-examine the witnesses subject to payment of costs, but the defendant has not completed the cross-examination though the witnesses were present. Though the order passed by the learned trial Court cannot be said to be suffering from any patent illegality, but in the interest of justice and keeping in view the fact that the delay in completion of evidence can be compensated with costs, the defendant-petitioner is permitted to cross- C.R.No.2654 of 2010 examine the witnesses on payment of Rs.10,000/- as costs. If the petitioner deposits such costs on the next date of hearing, the learned trial Court shall fix a date for enabling the plaintiff to produce his witnesses for the purposes of cross-examination. It is further clarified that if the petitioner fails to cross-examine the witnesses after payment of the costs on the date fixed or fails to pay costs, the petitioner shall not be entitled to any other opportunity except one opportunity which may be fixed by the learned trial Court. Revision petition stands disposed of in above terms. 16.08.2010 (HEMANT GUPTA) Vimal JUDGE 2