CR No.7741/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7741/2011 Date of decision: 14.12.2011. Jeet Singh ....................Petitioner v. Balwinder Singh and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Arvinder Arora,Advocate for the petitioner. Jaswant Singh.J.(Oral) Plaintiff/petitioner has filed the instant revision petition under Article 227 of the Constitution for setting aside the order dated 8.3.2011(P1) whereby his evidence was closed by court order; as also the order dated 21.9.2011 (P2) whereby application moved by the petitioner for setting aside the order dated 8.3.2011 (P1) was dismissed by the learned Additional Civil Judge (Sr.Div.)-cum-SDJM/RC Naraingarh. Further prayer is for granting one opportunity to the petitioner to be cross examined by the respondents' counsel. It is submitted that in a suit for partition filed by petitioner against respondents, who are none else but his brothers and nephew, the petitioner and other witnesses tendered their affidavits on 10.8.2009 CR No.7741/2011 2 and that while the other witnesses were cross examined by the counsel for respondents/defendants, inadvertently the petitioner could not be cross examined and the court vide order dated 8.3.2011 closed the evidence of the plaintiff/petitioner, which fact came to the notice of his counsel when he inspected the case file. Thereupon, an application was moved on behalf of the petitioner/plaintiff for setting aside the order dated 8.3.2011, but vide impugned order dated 21.9.2011 the said application was also dismissed. It is submitted that the petitioner is an Ex-serviceman aged 70 years who was prompt in filing his affidavit in his examination in chief, but inadvertently his cross examination was left. It is contended that if the impugned orders are not set aside the petitioner would suffer an irreparable loss due to an inadvertent mistake which was not at all intentional. It is further prayed that petitioner requires only one effective opportunity to lead his entire evidence on a date to be fixed by the trial court. In view of the facts and circumstances of the case, I deem it expedient in the interest of justice to grant one effective opportunity to the petitioner so as to be cross examined by the counsel for respondents. This shall, however, be subject to payment of costs of Rs.1000/- each to be paid to respondents defendants besides depositing another sum of Rs.1000/- with the State Legal Service Authority, Haryana, Ambala Branch. Accordingly, present revision petition is allowed, impugned CR No.7741/2011 3 orders dated 8.3.2011 and 21.9.2011; whereby evidence of the plaintiff was closed by court order and the application moved by him for setting aside the order dated 8.3.2011 was dismissed, are set aside and the petitioner is permitted to be cross examined by the counsel for respondents on a date to be fixed by the trial court. This shall, however, be subject to payment of costs, as noticed above. In case in the light of cross examination of the petitioner, if the respondents need to lead any evidence, they shall be permitted to do so. Disposed of in the above terms. This order is being passed without issuing notice to respondents so as to avoid delay and expenditure on their part. 14.12.2011 (Jaswant Singh) joshi Judge