CR No.927 of2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.927 of 2010 (O&M) Decided on : 19-08 2010 Jugal Kishore and another ....Petitioners VERSUS Manohar Lal ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Bhupinder Ghai, Advocate for the petitioner. None for the respondent MAHESH GROVER, J No one is present on behalf of the respondent despite the fact that case has been called out twice. Petitioner's grievance stems from order dated 7.1.2010 by which his prayer for recalling of the petitioner for cross-examination has been declined. The petitioner had preferred an eviction petition against respondent and during the course of proceedings his testimony was recorded and he was subjected to cross-examination on 6.6.2006 and remaining Court proceedings were deferred as Court time was over. Thereafter, the petitioner closed his evidence and the respondent too led his evidence. At the time of initiating his evidence in rebuttal it transpired that the petitioner cross-examination was still incomplete so he pleaded that he be recalled so as to conclude the entire cross-examination. His prayer was declined by virtue of the impugned order. Petitioner states that it was only on account of the inadvertence that the cross examination could not be concluded and CR No.927 of2010 (O&M) 2 again it was purely on account of over sight that a statement regarding closure of evidence was made by the petitioner. After hearing learned counsel for the petitioner and perusing the material on record, I am of the considered opinion that the petitioner has been subjected to cross-examination and it is the respondent who did not follow it up to conclude it. The petitioner cannot be prejudiced on this count. Hence, in this situation the petition is disposed of with an observation that the benefit of statement and cross examination shall not be denied to the petitioner in the proceedings before the Court below. Disposed of as above. August 19, 2010 (Mahesh Grover) rekha Judge