GURDIAL SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 1.12.2010 by which the prayer of the Petitioner for recalling him for cross-examination has been declined. The statement of the Petitioner was recorded on 30.4.2010 and his cross-examination was also conducted, but subsequently it was deferred. Learned Counsel for the Petitioner states that it was on account of inadvertence that the cross-examination of the Petitioner could not be completed and if the impugned order is permitted to stand, then he will suffer an irreparable loss, as his entire statement shall be discarded. It has been contended that except for this limited prayer for getting himself cross-examined, the Petitioner does not wish to lead any other evidence.

(2.) After hearing the learned Counsel for the Petitioner and on due consideration of the entire matter, I am of the opinion that the revision petition can be disposed of at this stage without issuance of notice of motion, as resorting to that process is likely to delay the proceedings further. Having regard to the fact that statement of the Petitioner has been recorded and his cross-examination has been partially conducted, it will be in the interest of justice if the Petitioner is permitted to be cross-examined so as to complete his evidence.

(3.) In view of this, the Petitioner shall be cross-examined on the date fixed before the learned trial Court. No further opportunity shall be granted under any circumstances. In case the Petitioner fails to avail the aforesaid offer, the trial Court shall proceed with the matter. The impugned order shall be set aside subject to the payment of Rs. 10,000/-as costs as a measure of compensation to the Respondent.