C.R. No.1739 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1739 of 2008 Date of Decision : 20.3.2008 Ms.Nirmal Jaswal .....Petitioner Vs. A.D. Grover through its Karta Shri Sanjay Grover ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Anil Shukla, Advocate for the petitioner. RAJIVE BHALLA, J (Oral) The petitioner impugns an order dated 8.3.2008 passed by the learned Civil Judge (Junior Division), Chandigarh, closing the petitioner's evidence by order. Counsel for the petitioner submits that PW-3 Kanwaljit Singh had already been partly cross examined on 31.1.2008. He was admitted to hospital with acute Pancreatitis. Though, he was discharged on 7.3.2008, he was physically incapable of appearing and deposing before a Court. It is, therefore, prayed that the learned trial Court be directed to grant one effective opportunity to the petitioner, to produce Kanwaljit Singh for his further cross-examination. I have heard learned counsel for the petitioner, perused the impugned order, as also the medical certificate Annexure P-8. The medical certificate discloses a case of acute Pancreatitis and as asserted by counsel for the petitioner, was a sufficient cause to prevent the said witness from appearing before the trial Court on 8.3.2008. C.R. No.1739 of 2008 2 It would also be necessary to mention here that the said witness had been partly cross-examined. In this view of the matter, the revision petition is allowed and the order dated 8.3.2008 is set aside. The learned trial Court is directed to grant one effective opportunity to the petitioner to produce PW-3 Kanwaljit Singh for his cross-examination, subject to payment of Rs.5,000/- as costs. It is made clear that no further opportunity shall be granted. Notice is not being issued to the respondent, as it would entail unnecessary expenditure and cause further delay. The respondent is, however, being compensated with costs. In case, he has any grievance, he will be at liberty to approach this Court for recalling of the order. 20.3.2008 (RAJIVE BHALLA) GS JUDGE