This revision petition challenged the Trial Court's order allowing a witness to be cross-examined after his absence due to the defending counsel's unavailability. The High Court held there was no illegality and dismissed the petition.
Revision petition dismissed; trial Court order upheld.
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CR No. 5338 of 2006
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 5338 of 2006
Date of Decision: 13.10.2006
Sudhir Bedi
...Petitioner
Vs.
Devinder Singh & Ors.
...Respondents
CORAM Hon'ble Mr.Justice Vinod K.Sharma
Present: Ms.Sangeeta Dhanda, Advocate, for the petitioner.
Vinod K.Sharma, J. (Oral)
Present revision petition has been filed against the order dated 24.4.2006 passed by the learned Trial Court vide which an opportunity has been given to the plaintiff to produce his witness for cross-examination.
The learned trial Court had observed in the order that the witness was present when the case was called, however, he could not be cross-examined as the defendant's counsel was not available. The witness
CR No. 5338 of 2006 2
due to personal reason has to leave the court after lunch and was not present when he was called for cross-examination. However, his evidence was closed. The learned Trial Court in view of the facts stated above was pleased to allow the witness to be cross-examined in the interest of justice by exercising inherent power vested in the Court.
The only contention of the learned counsel for the petitioner was that the witness has not been cross-examined. However, this does not in any way affect the order passed by the learned Trial Court which is just and in accordance with law.
There is, thus, no illegality in the impugned order which
may call for any interference by this court in revisional jurisdiction.
Dismissed. (Vinod K.Sharma) 13.10.2006 Judge rp
1 issue framed by the court
Whether the revision petition challenging the trial Court's order allowing cross-examination of an absent witness calls for interference under the inherent powers of the Court.
Sudhir Bedi
Devinder Singh & Ors.
Vinod K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
