Civil Revision No.3869 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3869 of 2009 Date of decision : 26-8-2009 Pritam Singh ....Petitioner VERSUS Rajinder Singh and others ....Respondents CORAM:- HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Atul Jain, Advocate, for the petitioner. Mr. Naresh Prabhakar, Advocate, for respondent No.7. RAJIVE BHALLA, J. The petitioner prays that the order dated 9-4-2009 and the statement and cross-examination of Darbara Singh recorded on 9-4-2009 and 9-6-2009 be struck off the record. It appears that the evidence of the defendants was closed by order on 6-1-2009. However Pritam Singh defendant No.6 alone filed CR No.589 of 2009 challenging this order. The revision petition was allowed by granting one opportunity to the petitioner therein to complete his entire evidence by setting aside the order dated 6-1-2009. Counsel for the petitioner submits that as the order dated 6-1-2009 was set aside qua defendant No.6, the trial court should not have allowed Darbara Singh defendant No.3/respondent No.7 herein Civil Revision No.3869 of 2009 -2- to file an affidavit in evidence and record his cross-examination. Counsel for the respondent No.7, however, submits that the order dated 6-1-2009 was set aside in its entirety and therefore the trial court was well within its right to permit Darbara Singh to record a statement. I have heard counsel for the parties and perused the impugned order. The revision petition is disposed of with a direction to the trial court, to consider, at the time of arguments whether in view of the order passed in CR No.589 of 2009 evidence of Darbara Singh could be taken on record. (RAJIVE BHALLA) 26-08-2009 JUDGE manju