The High Court set aside the Civil Judge's order treating cross-examination as nil, granting the petitioners an opportunity to examine witnesses upon payment of costs, without issuing notice.
The impugned order dated 30.07.2010 set aside; petitioners granted one effective opportunity to cross-examine witnesses upon payment of Rs.5,000 as costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No.2066 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Revision No. 2066 of 2011 (O&M) Date of decision:- 25.03.2011
Gurnam Singh and another
....Petitioners
Vs.
Bittu
....Respondent
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
Present:Ms. Jaspal Kaur Gurna, Advocate, for the petitioners.
A.N. JINDAL, J (ORAL)
This petition assails the order dated 30.07.2010 passed by the Civil Judge (Senior Division), Ludhiana, whereby the cross-examination of PWs Bittu and Anil Kumar was treated as 'nil'.
Learned counsel for the petitioners has stated that due to misunderstanding of date, the defendants-petitioners (hereinafter referred to as 'the petitioners') could not appear and cross-examine the witnesses of the plaintiff on the date fixed before the trial Court.
As such, this petition is accepted, the order dated 30.07.2010 is set aside and the petitioners are granted one effective opportunity to cross-examine the above said witnesses of the respondent, subject to payment of Rs.5,000/- as costs.
This petition is disposed of without issuing notice to the respondent with a view to impart complete justice to the
Civil Revision No.2066 of 2011 (O&M) 2
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.
25th of March, 2011 ajp
(A.N.JINDAL) JUDGE
1 issue framed by the court
Whether the impugned order treating cross-examination as nil should be set aside.
Gurnam Singh and another
Bittu
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
