HARI PAL SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 2/12/2019 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, District Jalandhar (for short, the trial Court), whereby opportunity to the present petitioner to cross-examine the PW/plaintiff has been treated as Nil; and to set aside the order dtd. 10/2/2020 (Annexure P-6) passed by the trial Court, whereby the application for recalling the plaintiff for cross-examination has been dismissed.

(2.) It is submitted by the counsel for the petitioner that after framing of the issues in the case, the first date for examination of the witnesses of the plaintiff was 22/10/2019. On that day, one PW was examined in chief. The cross-examination of the said witness was deferred on request of the counsel for the present petitioner. The case was adjourned to 14/11/2019. However, on 14/11/2019 the plaintiff did not present his witness for cross-examination, although the counsel for the present petitioner-defendant was present before the Court. The case was adjourned to 2/12/2019. On that day, because of wrong presumption about the date fixed in the case, the counsel for the present petitioner could not come present before the trial Court. Hence, the cross-examination of the sole witness, present on that day, could not be conducted. However, the default in cross-examining the said witness was not intentional on the part of the petitioner. Accordingly, the petitioner deserves one more opportunity to cross-examine the witness(es) of the plaintiff.

(3.) In view of order which this Court intends to pass, this Court does not deem it necessary to issue notice to the other side.