IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4690 of 2011(O&M) Date of Decision: October 5, 2011. Taranjeet Singh Bindra. ...... PETITIONER(s) Versus Vivek Jain. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Gourave Bhayyia, Advocate for the petitioner. Mr. Nandan Jindal, Advocate for the applicant-respondent. ***** RAM CHAND GUPTA, J.(Oral) CM No.24472-CII of 2011 Requests for placing on record reply on behalf of respondent. The same is taken on record subject to just exceptions. CM stands disposed of. CR No.4690 of 2011 CR No.4690 of 2011 Petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India for setting aside impugned orders dated 23.07.2011(Annexure P3), 25.08.2010 (Annexure P1) and 30.08.2010 (Annexure P2) passed by learned Civil Judge(Junior Division), Ludhiana vide which opportunity to cross-examine respondent-plaintiff and his witness was declined to present petitioner-defendant and the cross- examination was ordered to be made nil and application for reviewing the said order was also dismissed. I have heard learned counsel for the parties and have gone through the whole record including the impugned orders passed by learned trial Court. It has been contended by learned counsel for the petitioner that though sufficient opportunities were granted to petitioner-defendant by learned trial Court to cross-examine respondent-plaintiff and his witness and however, due to negligence of counsel engaged by the petitioner, cross- examination could not be conducted. He has further contended that petitioner could not be made to suffer due to fault of the counsel and that one opportunity may be granted to petitioner-defendant to cross-examine the respondent-plaintiff and his witness. He also undertakes that petitioner will conclude his evidence on one date at his own responsibility. Hence, in view of these facts, one opportunity can be granted to petitioner-defendant to cross-examine respondent-plaintiff and his witness and the other party can be compensated by way of cost. 2 CR No.4690 of 2011 Hence, the present revision petition is accepted and the impugned order is set aside to the extent that learned trial Court is directed to grant one opportunity to petitioner-defendant to cross-examine respondent- plaintiff and his witness and further to grant only one opportunity to petitioner-defendant to produce and conclude his entire evidence at his own responsibility. However, petitioner is burdened with cost of `10,000/-, which shall be a condition precedent. Disposed of accordingly. ( RAM CHAND GUPTA ) October 5, 2011. JUDGE 'om’ 3