Allowed

Pritam Kaur Sidhu v. Punjab Agricultural Univ. and Ors.

Punjab & Haryana HC22 Oct 2009CR/6082/2009

Case brief

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What is this about?

The High Court allowed a revision petition where the trial court had denied the plaintiff opportunity to cross-examine DW.1. The court set aside the impugned order and directed the trial court to recall the witness for cross-examination upon payment of costs.

What did the court decide?

Revision petition allowed; order dated 12.08.2009 set aside; direction to recall DW.1 for cross-examination upon payment of Rs. 2500/- costs.

Pritam Kaur Sidhu Vs Punjab… — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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C.R.No.6082 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R.No.6082 of 2009. Decided on: October 22, 2009.

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Pritam Kaur Sidhu

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.. Petitioner

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VERSUS

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Punjab Agricultural University, Ludhiana, and others.

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.. Respondents

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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI

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PRESENT Mr.Pritam Saini, Advocate, with Mr.Amit Arora, Advocate, for the petitioner.

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M.M.S. BEDI, J. (ORAL)

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The plaintiff-petitioner has not been given opportunity to cross-examine DW.1 Ravinder Singh, who was available in the court on 12.08.2009. It has been informed by counsel for the plaintiff-petitioner that the evidence of defendant has, now, been closed but on account of an opportunity to cross-examine DW.1 Ravinder Singh, having been denied, a prejudice will be caused as cross-examination has been treated as nil. An affidavit of the Advocate Shri N.C.Kapil, has been placed on record indicating that on account of his skin ailment, he was not able to cross-examine

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. . . 1

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C.R.No.6082 of 2009

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the witness when the evidence of the defendant was closed by order.

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Counsel for the petitioner has informed that no other defendant's evidence had been produced but only DW.1 was examined-in-chief and his cross-examination was treated as nil.

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I have heard counsel for the petitioner. He has stated at Bar that next date of hearing before the trial Court is 26.10.2009 for rebuttal evidence as well as for arguments.

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In the interest of justice, the revision petition is allowed and the order dated 12.08.2009, is hereby set aside with a direction that trial Court will give one opportunity to the plaintiff to cross-examine DW.1 Ravinder Singh by recalling him on a particular date subject to payment of costs of Rs.2500/- to the witness to be paid by the counsel.

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Copy of the order be communicated to the trial Court through FAX.

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A copy of order be supplied to the plaintiff-petitioner on payment of usual charges.

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It is made clear that in case on the date fixed by trial Court the cost is not paid on appearance of the witness, this revision petition will be deemed to have been dismissed.

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(M.M.S.BEDI) JUDGE

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October 22, 2009. rka

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. . . 2

Pritam Kaur Sidhu v. Punjab Agricultural Univ. and Ors.

Case brief

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Pritam Kaur Sidhu v. Punjab Agricultural Univ. and Ors.

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