In this civil revision, a judge allowed the petitioner's challenge to an order dismissing his application to cross-examine a defendant. The court set aside the order and permitted cross-examination subject to costs.
Impugned order set aside; petitioner permitted to cross examine defendant subject to payment of Rs. 2000 as costs.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 2049 of 2011
Date of decision: March 23, 2011
Ranjit Singh
.. Petitioner
Vs.
Darshan Singh and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Mahesh Gupta, Advocate for the petitioner.
A.N. Jindal, J (Oral)
This petition assails the order dated 15.3.2011 (Annexure P1) passed by the Civil Judge (Jr. Division), Dhuri whereby the application moved by the petitioner- plaintiff to cross examine the defendant's witness was dismissed.
Having scrutinized the impugned order and gone through the record, it would be expedient in the interest of justice to grant opportunity to the petitioner- plaintiff to cross examine the defendant. The delay, if any, caused could be compensated by way of costs.
Resultantly, this petition is allowed, impugned order is set aside and the petitioner- plaintiff is permitted to cross examine the defendant Darshan Singh subject to payment of `2000/- as costs.
This petition is allowed without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this court for recalling this order.
March 23, 2011 deepak
(A.N. Jindal) Judge
1 issue framed by the court
Whether the petitioner-plaintiff should be granted an opportunity to cross-examine the defendant's witness.
Ranjit Singh
Darshan Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
