Civil Revision No.2220 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.2220 of 2011(O&M) Date of Decision: March 31, 2011 Dev Singh .....Petitioner v. Sarup Singh .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.H.S.Jugait, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.8920-CII of 2011 Application is allowed subject to all just exceptions. Civil Revision No.2220 of 2011 The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 31.1.2011 passed by learned Civil Judge, Junior Division, Nabha, vide which opportunity to cross-examine DW-4 Sarup Singh has been declared as Nil. 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 earlier counsel engaged by petitioner, namely, Shri Parminder Singh Sandhu, has died and a new counsel was engaged, who was busy in other Court and hence, cross-examination of DW-4 Sarup Singh was declared Nil by learned trial Court. Perusal of file shows that thereafter an application for setting aside of that order was also filed by petitioner-plaintiff and, however, the same was dismissed vide order dated 1.3.2011 by observing that the witness Civil Revision No.2220 of 2011(O&M) -2- had come present on three dates but he was not cross-examined at the request of counsel for the plaintiff. Though it cannot be said that any illegality or material irregularity has been committed by learned trial Court in passing the impugned order, however, as DW4- Sarup Singh is a defendant, hence, in the interest of justice, one opportunity can be granted to petitioner-plaintiff to cross-examine this witness and the other party can be compensated by way of cost. Hence, in view of these facts, the present revision petition is accepted. Impugned order is modified to the extent that learned trial Court is directed to grant one opportunity to petitioner-plaintiff to cross-examine respondent-defendant, i.e., DW-4 Sarup Singh subject to payment of `5,000/- as cost, which shall be a condition precedent. Disposed of accordingly. 31.3.2011 (Ram Chand Gupta) meenu Judge