A High Court judge disposed of a civil revision petition by ordering the petitioner to cross-examine witnesses on their production day against advanced costs, dispensing with notice to the respondent to avoid delay.
Direction to cross-examine witnesses on the day of their production subject to payment of Rs.2000/- as costs.
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 3077 of 2009
Date of decision: May 26, 2009
Jaskaran Singh
.. Petitioner
Vs.
Satnam Singh
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. S.K. Mahajan, Advocate for the petitioner.
A.N. Jindal, J
Learned counsel for the petitioner has submitted that the trial court observed “opportunity given nil” regarding cross examination of Jaskaran Singh, Raghbir Singh and Ravail Singh D.Ws. As a matter of fact, the plaintiff-respondent never refused to cross examine, nor he ever opted not to cross examine the witnesses. The petitioner has submitted that his counsel could not cross examine the witnesses as he was busy in some other court, therefore, the petitioner should not suffer for the fault on the part of the counsel.
Having pondered over the rights of the petitioner and in order to impart complete justice to the plaintiff/petitioner, this revision petition is disposed of with a direction to cross examine the witnesses on that very day when same are produced in the court subject to payment of Rs.2000/- as costs. No further opportunity to cross examine the witnesses would be provided.
This petition is disposed of without issuing notice to the respondent with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent may move to this court for recalling this order.
(A.N. Jindal) Judge
May 26, 2009 deepak
2 issues framed by the court
Whether complete justice can be imparted to the petitioner by directing him to cross-examine witnesses on the same day they are produced without normal notice procedure.
Whether costs should be imposed on the petitioner for not having his counsel available on the previous occasions.
Jaskaran Singh
Satnam Singh
A.N. Jindal
As recorded by the court registry
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