CR NO.6233 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CR NO.6233 of 2011 Date of decision:17.10.2011 Paramjit Singh ...Appellant Versus Chajju Ram and another ...Respondent(s) CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gopal Mahajan, Advocate, for the appellant. -.- JITENDRA CHAUHAN, J. The present revision petition has been moved under Article 227 of the Constitution of India for setting aside the order dated 24.8.2011 (Annexure P-2) passed by the learned Civil Judge (Junior Division), Gurdaspur, whereby the cross-examination of plaintiff-respondent was treated as nil and also for quashing of order dated 23.9.2011, (P-4) whereby the application under Section 151 CPC filed by the applicant/petitioner for granting one opportunity to cross-examine the plaintiff-respondent was declined. Learned counsel for the petitioner submits that on account of the ill-health of counsel representing the petitioner before the trial Court, the learned counsel could not appear and accordingly, the cross-examination of plaintiff-respondent was treated as nil. He further submits that on 2.9.2011, the petitioner-defendant moved an application for recall of the order dated 24.8.2011. However, the learned trial Court vide order dated 23.9.2011 dismissed the application for grant of an opportunity to cross- CR NO.6233 of 2011 2 examine the plaintiff-respondent. I have heard the learned counsel and have gone through the case file including the zimni orders passed by the learned trial Court. The zimni orders show that the plaintiff attended the court many times for his cross-examination, but the counsel for the defendant did not cross-examine him. For the omission of the counsel, the litigant should not suffer. Thus, it is clear that the plaintiff sought to be cross-examined is material witness and his incomplete deposition would materially affect the proper adjudication of the case. Therefore, in the interest of justice, one more opportunity is granted to the petitioner-defendant No.1 to cross- examine the plaintiff subject to payment of `10,000/-as costs. In view of the above, the present revision petition is allowed, the impugned orders dated 24.8.2011 and 23.9.2011 are set aside and the learned trial Court is directed to grant one last opportunity to the petitioner- defendant No.1 to cross-examine the plaintiff subject to payment of `10,000/-as costs. The plaintiff will submit himself for cross-examination on the date fixed by the trial Court. 17.10.2011 (JITENDRA CHAUHAN) Mks JUDGE