Civil Revision No.5082 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.5082 of 2011(O&M) Date of Decision: August 24, 2011 Mithu Singh .....Petitioner v. Sunil Kumar and others .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.S.S.Godara, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Petitioner-plaintiff has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India for setting aside order dated 30.5.2011 passed by learned trial Court vide which request of petitioner-plaintiff for a date for the purpose of cross-examination of petitioner-plaintiff-Mithu Singh, was declined. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court. It has been contended by learned counsel for the petitioner that affidavit by way of examination -in-chief of petitioner-plaintiff No.1 was already tendered in evidence and, however, he could not appear himself for the purpose of cross-examination by counsel for the respondents-defendants as his counsel had met with an accident. It has also been contended that petitioner-plaintiff no.1 wanted himself to be cross-examined by opposite counsel in the presence of his counsel. Further contends that no other evidence is to be adduced by petitioner-plaintiff no.1 and that only one Civil Revision No.5082 of 2011(O&M) -2- opportunity be granted to petitioner to appear himself for the purpose of cross-examination by opposite counsel so that his statement be read in evidence. It has also been contended that even no evidence of defendants has been recorded so far despite two opportunities thereafter. In view of these facts, one opportunity can be granted to petitioner-plaintiff no.1 and the other party can be compensated by way of cost. Hence, the present revision petition is accepted. Impugned order is set aside. Learned trial Court is directed to grant one opportunity to petitioner-plaintiff no.1 to appear for the purpose of cross-examination by opposite counsel so that his statement be read in evidence subject to payment of ` 5,000/- as cost. 24.8.2011 (Ram Chand Gupta) meenu Judge