Civil Revision No.8071 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.8071 of 2010 (O&M) Date of decision: 10.12.2010 Pradeep Bhanot and another ....Petitioners Versus Satnam Singh ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Rajiv Kataria, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed challenging the order dated 26.11.2010 passed by Civil Judge (Junior Division), Chandigarh, whereby adjournment sought by the defendants was declined and cross- examination of PW1 was ordered to be as nil. Learned counsel for the petitioners states that PW1 shall also be cross-examined by the defendants' counsel on the next date of hearing along with other plaintiff witnesses. Learned counsel for the petitioners states that on the date either fixed by this Court or by the learned Trial Court, all the witnesses shall be cross-examined and no further adjournment shall be sought. Learned Single Judge of this Court in the matter of Prem Lata Vs. Ram Sarup reported in 2005(4) RCR (Civil) 423 placing reliance on judgment of the Division Bench of this Court in the matter of Batala Civil Revision No.8071 of 2010 (O&M) -2- Machine Tools Workshop Co-op. vs. Presiding Officer, Labour Court, Gurdaspur has held that matter can be disposed of at the stage of admission without any notice to the opposite party, because if the respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings. In the opinion of this Court, present matter can be disposed of at the admission stage without any notice to the respondent. This Court is of the further opinion that issuing notice to the respondent shall cause unnecessary delay in the disposal of the matter pending before the learned Trial Court, hence, this Court proposes to decide this petition without notice to the respondent. Considering all the facts and circumstances of the case and keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire evidence and material, this Court direct that learned Trial Court shall fix a date for the purpose of cross-examination of PWs. On the date so fixed, all the PWs shall be produced on the expenses of the defendants/petitioners and defendants/petitioners shall cross-examine all the PWs. If, for any reason, cross-examination is not complete on the date so fixed, then learned Trial Court shall be at liberty to hold day-to-day trial or fix any future date, which is convenient to the Court. However, it is made clear that no further adjournment shall be granted to the defendants/petitioners. Petitioners shall pay Rs.5,000/- as costs to the respondent herein before the next date so fixed by the learned Trial Court. Civil Revision No.8071 of 2010 (O&M) -3- If respondent feels aggrieved from this order, they shall be at liberty to move this Court for recalling of the order. Petition shall stand disposed of accordingly. (Alok Singh) Judge December 10, 2010 R.S.