IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7905 of 2010(O&M) Date of decision: 3.12.2010 Modan Singh ......Petitioner(s) Versus Kuldeep Kaur and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. N.K. Manchanda, Advocate for the petitioner. Rakesh Kumar Garg, J. (Oral) This is defendant's revision petition challenging the impugned order dated 12.8.2010 whereby his evidence was closed by order of the Court and the order dated 27.10.2010 rejecting his application for recalling of the aforesaid order of closing his evidence. As per the averments made in this petition, examination-in- chief of DW-1 Modan Singh was recorded on 11.5.2009 and his cross- examination was deferred for 10.6.2009. Thereafter, the petitioner was granted numerous opportunities. However, he failed to submit himself for cross-examination. There is nothing on record to suggest that the petitioner had submitted himself for his cross-examination. Not only this, on 27.7.2010, a statement was made that the petitioner shall conclude his entire evidence on the next date of hearing i.e. 12.8.2010 failing which his evidence be closed by order. On 12.8.2010 one witness of the petitioner was present, who was discharged for want of record. Another opportunity was sought but the petitioner still did not offer himself for his cross- examination. In view of the aforesaid facts, which could not be disputed, no interference is called for in the impugned order dated 12.8.2010. CR No.7905 of 2010(O&M) -2- It may also be noticed that counsel for the petitioner was unable to argue as to how the application for recalling of the aforesaid order dated 12.8.2010 closing his evidence was maintainable before the trial Court. Thus, the same was rejected vide order dated 27.10.2010 correctly. In this view of the matter, I find no merit in this revision petition. Dismissed. December 3, 2010 (RAKESH KUMAR GARG) ps JUDGE