This petition allowed the petitioner a last opportunity to produce all witnesses examined in chief for cross-examination on one date, upon payment of costs, to ensure trial conclusion in the interest of justice.
Petition allowed in limine; single date fixed for cross-examination of petitioner's witnesses subject to payment of Rs.7,000 costs.
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C.R.No.6077 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.No.6077 of 2009. Decided on: October 22, 2009.
Raksha Devi
.. Petitioner
VERSUS
Reeta Rani
.. Respondent
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.Parveen Kumar, Advocate, for the petitioner.
M.M.S. BEDI, J. (ORAL)
A perusal of the interim orders dated 05.06.2008 and 21.07.2009, passed by the trial Court indicate that the defendant herself and her three witnesses have already been examined-inchief. Case was adjourned to 21.08.2008 for cross-examination of the said witnesses but before the date fixed, the case was taken up on 16.08.2008, by taking up the file in advance by the Presiding Officer as the Presiding Officer was to avail joining time from 18.08.2008 to 23.08.2008. Thereafter, the defendant-petitioner seems to have adopted a casual approach and not produced the defendant's witnesses for cross-examination on account of which
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C.R.No.6077 of 2009
conduct, the trial Court was compelled to close the defendant's evidence. The order of closing the evidence seems to have been passed after giving an opportunity to the defendant-petitioner.
Learned counsel for the petitioner has contended that if one opportunity is granted in the interest of justice, the defendant will produce all the witnesses on one date.
After hearing the counsel for the petitioner and taking into consideration all the circumstances, I am of the opinion that the defendant-petitioner deserves to be granted one last opportunity subject to payment of costs of Rs.7,000/-, to the plaintiffrespondent. Even otherwise, the examination-in-chief of the three witnesses had already been conducted.
In the interest of justice, this petition is allowed in limine with a direction to the trial Court that the trial Court will fix one date of hearing to enable the defendant-petitioner to produce herself and her three witnesses who have already been examined-in-chief.
It is made clear that in case the defendantpetitioner does not pay the cost or produce all the witnesses on one date filed by the trial Court for cross-examination, this petition will be deemed to have been dismissed.
A copy of order be communicated to the Court concerned through FAX.
(M.M.S.BEDI) JUDGE
October 22, 2009. rka
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1 issue framed by the court
Whether the defendant-petitioner deserves a final opportunity to produce examined witnesses for cross-examination after default.
Raksha Devi
Reeta Rani
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
