JASWANT SINGH Vs. SUKHDEV SINGH AND ANOTHER

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 17.4.2013 (Annexure P -1) passed by learned Civil Judge (Junior Division), Ludhiana, whereby cross -examination of the plaintiff has been treated as nil. Brief facts of the case are that plaintiff/respondent No. 1 filed a suit for grant of permanent injunction restraining the defendants, their associates, agents, servants from dispossessing the plaintiff illegally and without due course of law from the suit property. On 9.4.2013 plaintiff/respondent No. 1 PW 1 tendered his affidavit into evidence and on the request of the learned counsel for the defendants, cross -examination of plaintiff was deferred to 17.4.2013. On 17.4.2013 plaintiff was present, however, counsel for the defendants was not present to cross -examine the plaintiff, therefore, vide impugned order the cross -examination of the plaintiff was treated as nil. Hence, the present revision petition.

(2.) LEARNED counsel for the petitioner contends that absence of the learned counsel for the defendants was neither willful nor intention but was due to the fact that he was busy in some other Court. He further contends that for the fault of the counsel party should not be allowed to suffer.

(3.) IT is settled principle of law that cases should be decided on merit and not merely on technical grounds. Rules of procedure are for advancement of justice and to do substantial justice. For the fault of the counsel, party should not suffer. In view of this, present petition is allowed. Impugned order dated 17.4.2013 (Annexure P -1) passed by learned Civil Judge (Junior Division), Ludhiana, is set aside and petitioner/defendant is granted one opportunity to cross -examine plaintiff/respondent No. 1 subject to costs quantified at Rs. 5,000/ -, to be paid by the petitioner to plaintiff/respondent No. 1.