Allowed

Raman Kumar v. Kiran Bala & Ors.

Punjab & Haryana HC22 Feb 2011CR/1024/2011

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition challenging an order declaring cross-examination nil. The court, acting in the interest of justice, granted the petitioner one last meaningful opportunity to cross-examine three witnesses on payment of costs without issuing prior notice.

What did the court decide?

One last effective opportunity granted to cross-examine three witnesses on a date to be fixed by the trial court subject to payment of costs.

Raman Kumar Vs Kiran Bala & Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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Civil Revision No.1024/2011(O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.1024/2011(O&M) Date of decision:22.2.2011.

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Raman Kumar

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.............Petitioner

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Mrs.Kiran Bala and others

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..............Respondents

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Ashok Kumar Sama,Advocate for the petitioner.

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Jaswant Singh,J(Oral).

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Defendant no.6/petitioner by filing the present revision petition under Article 227 of the Constitution has assailed the order dated 26.11.2010 (P3) whereby due to non-availing of opportunity by his counsel to cross examine the present witnesses of the plaintiff, it has been ordered that the cross examination of the plaintiffs' witnesses on behalf of defendant no.6/petitioner is declared as nil.

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It is submitted that in the suit for possession filed by respondent no.1-Kiran Bala/plaintiff for a portion of shop in dispute, the petitioner/defendant no.6 was proceeded against ex parte vide order dated 2.1.2005. Subsequently vide order dated 20.10.2010, defendant

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Civil Revision No.1024/2011(O&M) 2

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no.6/petitioner was permitted to join the proceedings subject to payment of costs. Thereafter, the evidence of the plaintiffs was recorded in the presence of the petitioner/defendant no.6 and three witnesses namely PW1 Kiran Bala, PW2 Kulwant Rai and PW3 Balbir Chand were present for their cross examination by defendant no.6/petitioner on 26.11.2010.

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Learned counsel submits that due to prior engagement of the counsel for the petitioner, he could not prepare the case and cross examine the present witnesses. He further points out that due to failure of the counsel the case of the petitioner should not be prejudiced. It is accordingly prayed that one opportunity be granted to cross examine the aforesaid three witnesses subject to payment of appropriate costs.

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After hearing the learned counsel for the petitioner and keeping in view the fact that after passing of the impugned order on 26.11.2010 the proceedings in the suit have not progressed, in the interest of justice I deem it just and expedient to grant one last effective opportunity to the petitioner/defendant no.6 to cross examine the aforesaid three witnesses on a date to be fixed by the learned trial court. This shall, however, be subject to payment of costs.

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Resultantly, the present revision petition is allowed, the impugned order dated 26.11.2010 (P3) is set aside and the petitioner/defendant no.6 is granted one last effective opportunity to cross examine the aforesaid three witnesses at his own responsibility on a date to be fixed by the trial court. This shall, however, be subject to

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Civil Revision No.1024/2011(O&M) 3

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payment of costs of Rs.1000/- each to the aforesaid three witnesses and Rs.2000/- to the respondent/plaintiff.

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This order is being passed without issuing notice to respondents as it would result in unnecessary delay in the matter and expenses to them. In any case, respondents are being compensated by way of costs.

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22.2.2011. joshi

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(Jaswant Singh) Judge

Raman Kumar v. Kiran Bala & Ors.

Case brief

What is this about?

What did the court decide?

Raman Kumar v. Kiran Bala & Ors.

Case brief

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