CR No. 7337 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7337 of 2011 (O&M) Date of decision: 29.11.2011 Devinder Singh ....Petitioner Versus Avtar Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.BS Jaswal, Advocate for the petitioner ***** Jitendra Chauhan, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India, for setting aside the impugned order dated 3.10.2011 (Annexure P-5), passed by learned Additional Civil Judge, Junior Division, Ajnala, vide which, cross-examination of the PWs was closed by order by observing as opportunity given – 'Nil'. Learned counsel contends that the petitioner-defendant was earlier represented by Sh.Saran Pal Sandhu, Advocate at Ajnala, who filed written statement. However, during the pendency of the suit, another counsel was engaged and on account of that there was some communication gap between the counsel and the petitioner, therefore, the petitioner- defendant could not cross-examine the PW1- Avtar Singh and PW2- CR No. 7337 of 2011 (O&M) 2 Gurmukh Singh. Though, sufficient opportunity was accorded to the petitioner- defendant to cross examine the PWs, however, keeping in view the fact that PWs could not be cross-examined on account of change of counsel, the impugned order 3.10.2011 is set aside. The trial Court is directed to grant one last opportunity to the petitioner-defendant to cross-examine the PWs. The plaintiff will remain present in court alongwith his witness Gurmukh Singh for cross-examination on the date fixed by the Court. The same shall be subject to payment of ` 20,000/- as cost. Petition stands disposed of accordingly. 29.11.2011 (JITENDRA CHAUHAN) gsv JUDGE