Civil Revision No.1734 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1734 of 2009 (O&M) Date of Decision 27.03.2009 Kesar Devi ...... Petitioner VERSUS Sant Ram and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Raj Kumar Rana, Advocate, for the petitioner. ***** A.N.JINDAL, J(ORAL): This revision petition is directed against the order dated 18.03.2009, passed by learned Civil Judge (Senior Division), Pehowa, whereby the defendant No.5 Yashpal Chand Jain was called for cross- examination but the plaintiff-petitioner (herein referred as 'the petitioner') did not cross-examine him. Consequently, the trial Court ordered that cross- examination of DW5 is complete. In view of this, the petitioner has filed the present revision petition. No doubt an opportunity has been given to the petitioner to cross-examine the witness and on account of his negligence, he did not cross-examine him. While taking conspectus of all the circumstances and the fact that the party may not be deprived of his right to examine the witness in order to provide him full opportunity, it would be expedient in the interest of justice to provide it an opportunity to cross-examine DW5. Resultantly, the petition is allowed, an opportunity is granted to Civil Revision No.1734 of 2009 (O&M) 2 the petitioner to cross-examine DW-5 Yashpal Chand Jain within three months from today, subject to payment of Rs.10,000/- as costs. The Court would procure the presence of DW-5 Yashpal Chand Jain, and then the petitioner would cross-examine him on the date, so fixed. This order has been passed without issuing notice to the respondent-plaintiff in order to impart full justice to the parties, to save the respondent from unnecessary expenses and delay in adjudication of the trial and in any case if the respondent feels dissatisfied and prejudiced by the order, he would be at liberty to move for recalling the order. Disposed of. March 27, 2009 (A.N.JINDAL) mamta-II JUDGE