TARSEM SINGH Vs. BHUPINDER SINGH AND OTHERS

JUDGEMENT

(1.) The petitioner has sought this Court to issue direction to the trial court to provide an opportunity to the petitioner to cross examine PW1 Bhupinder Singh and PW2 Raj Kumari.

(2.) On 28.1.2013, defendant No.1 had cross-examined Bhupinder Singh and cross-examination on behalf of defendants No. 2, 3, 5 and 7 to 12 was deferred to the after lunch session. However, it appears that after lunch, the case was adjourned to 4.2.2013. The Court had recorded in zimni order "none for the defendants", but it did not reveal as to which defendant was absent. Further order dated 4.2.2013 though reveals that opportunity given, cross examination nil, but the zimni order does not record the presence of the defendants to whom opportunity was given.

(3.) In any case, an opportunity should have been given to all the defendants. The order dated 4.2.2013 reads as under:-