Held Article 226 and 227 of Constitution Case permitted re-examination of witness
Petitioner permitted to re-examine PW-4 subject to payment of Rs. 2000 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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 4428 of 2010
Date of decision: January 21, 2011
Thakur Dawara Gaddi Bawa Lal Dayal Jee Maharaj, Dhianpur
.. Petitioner
Vs.
Karam Singh and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Ms. Sangita Dhanda, Advocate for the petitioner. Mr. Shailendra Sharma, Advocate for the respondents.
A.N. Jindal, J (Oral)
The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 25.5.2010 passed by the trial court declining the petitioner to re-examine the witness or in alternative declare him hostile.
After hearing learned counsel for the parties for some time and while relying upon the judgments delivered in cases Dahyabhai Chhaganbhai Thakkar vs. State of Gujrat, AIR 1964 SC 1563, Sat Paul vs. Delhi Administration AIR 1976 SC 294 and Rabindra Kumar Dey vs. State of Orissa AIR 1977 SC 170, this revision petition is allowed and the petitioner is permitted to re-examine PW-4 subject to payment of Rs.2000/- as costs.
January 21, 2011 (A.N. Jindal) deepak Judge
1 issue framed by the court
Whether the trial court's order declining the petitioner to re-examine the witness or declare him hostile should be set aside under Article 227.
Colour shows how this judgement treated each authority
Dahyabhai Chhaganbhai Thakkar vs. State of GujratRelied on¶13
Dahyabhai Chhaganbhai Thakkar vs. State of Gujrat, AIR 1964 SC 1563 · Who else cites this
Sat Paul vs. Delhi AdministrationRelied on¶13
Sat Paul vs. Delhi Administration AIR 1976 SC 294 · Who else cites this
Rabindra Kumar Dey vs. State of OrissaRelied on¶13
Rabindra Kumar Dey vs. State of Orissa AIR 1977 SC 170 · Who else cites this
Thakur Dawara Gaddi Bawa Lal Dayal Jee Maharaj
Karam Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
