CR No.467 of 2010 (O&M) - 1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CR No.467 of 2010 (O&M) Date of Decision : 25.1.2010 Sadhu Singh ..Petitioner. Vs. Jasbir Singh and others ..Respondents. CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Manish Prabhakar, Advocate for the petitioner. RAKESH KUMAR JAIN, J.(Oral) This revision petition is directed against order dated 25.8.2008 passed by Additional Civil Judge, Amritsar whereby opportunity to cross examine two witnesses of the plaintiff-respondent, namely, Jaspal Singh PW1 and Bawa Singh PW2 was declined on the ground that counsel for the defendants was not available and an order dated 17.11.2009 whereby the application filed under Section 151 of Code of Civil Procedure, 1908 (for short `CPC') for recalling of order dated 25.8.2008 was declined. The petitioner is defendant in the suit for specific performance of an agreement to sell dated 6.9.2004 registered on 25.11.2004 in respect of 400/1597 share i.e. 20 Kanals out of the land measuring 79 Kanals 17 Marlas situated in village Abdal, Tehsil and District Amritsar along with machinery of brick-kiln. In this suit, the plaintiff had examined two witnesses PW1 Jaspal Singh and PW2 Bawa Singh on 25.8.2008 and at the time of cross-examination as counsel for the defendant was busy in some other Court, the learned trial Court closed the evidence of the defendants treating it as opportunity given but not availed. CR No.467 of 2010 (O&M) - 2 - Learned counsel for the petitioner submits that after the aforesaid order, the petitioner had filed an application under Section 151 CPC for recalling of the order, which has been dismissed on 17.11.2009 being not maintainable. It is submitted that at the relevant time, when the counsel for the defendants was to cross examine the plaintiff's witnesses, learned counsel for the defendants was busy in conducting another case titled as Ashok Mahajan Vs. Ashok Kumar in the Court of Sh.Gurnam Singh, Special Judicial Magistrate, Amritsar as a result of which he could not come present for the purpose of cross-examination of plaintiff's witnesses. It is submitted by learned counsel for the petitioner that next date in the case before the trial Court is 2.3.2010 for the purpose of examination of remaining witnesses. He prays that in case one opportunity is granted then he would cross examine both PW1 ad PW2 as they are the material witnesses of the plaintiff and without their cross-examination, his interest would be adversely affected. After hearing the learned counsel for the petitioner and keeping in view the provisions of Order 17 Rule 2 (c) of CPC, I am of the view that the petitioner shall be granted one more opportunity to cross examine PW1 Jaspal Singh and PW2 Bawa Singh for which the respondent can be compensated with costs. Hence, the present revision petition is allowed subject to payment of Rs.5000/- as costs to be paid by the petitioner to the respondent. The plaintiff is directed to produce PW1 Jaspal Singh and PW2 Bawa Singh before the trial Court on the next date of hearing i.e. 2.3.2010 for the purpose of their cross-examination. (Rakesh Kumar Jain) 25.1.2010 Judge Meenu