C.R. No. 6896 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6896 of 2009 Date of Decision: November 26, 2009 Malik Singh …..Petitioner Vs. Madan Gopal and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Ravindra Jain, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) It is contended that the petitioner wants to examine only one witness-Ojesh Sharma who is an Oath Commissioner and was present in the Court pursuant to the notice issued to him after depositing of the requisite fee. His examination was deferred on the day when Om Pahwa was cross- examined. It is claimed that he is a witness to the agreement of sale. The suit is pending since the year 2000. The amendment of Civil Procedure Code vide Amendment Act No.2 of 2002 deleting Order 18 Rule 17-A CPC C.R. No. 6896 of 2009 [2] will have prospective operation. It is apparent that interest of justice would be adequately met in case one opportunity is granted to the petitioner to examine Ojesh Sharma at his own responsibility subject to payment of costs of Rs.5000/- to the respondents. The petition is allowed in limine to save the respondents from litigation expenses. It is ordered that in case the petitioner produces Ojesh Sharma as witness at his own responsibility subject to payment of costs of Rs.5000/-, he will be permitted to examine the said witness as the said witness is stated to be an attesting witness to the agreement of sale which is the point of main controversy between the parties. It will be open to the trial Court to fix one date to enable the plaintiff- petitioner to examine Ojesh Sharma. It is made clear that in case the said witness is not produced at his own responsibility or costs is not paid, this revision petition will be deemed to have been dismissed. Order dasti on payment of usual charges. November 26, 2009 (M.M.S.BEDI) sanjay JUDGE