Allowed

Mohinder Singh & Ors. v. Blajinder Kaur & Anr.

Punjab & Haryana HC26 Sept 2011CR/5907/2011

Case brief

AI extract

What is this about?

In a civil revision under Article 227, the High Court set aside the impugned order dismissing the petitioners application for recall of a witness whose cross-examination was recorded as NIL due to counsel absence granted one opportunity and awarded costs to plaintiffs.

What did the court decide?

The impugned order dated 11.06.2010 is set aside. One opportunity is granted to petitioners to cross-examine Baljinder Kaur. Petitioners to pay Rs.5000/- as costs to respondents.

Mohinder Singh & Ors. Vs Blajinder… — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

¶1

Civil Revision No. 5907 of 2011 --1--

¶2

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

¶3

Civil Revision No. 5907 of 2011(O&M) Date of decision. 26.09.2011

¶4

Mohinder Singh and others

¶5

.... Petitioners

¶6

Versus

¶7

Baljinder Kaur and others

¶8

...... Respondents

¶9

CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

¶10

Present: Mr.S.S. Salar, Advocate for the petitioners.

¶11

¶12

Vijender Singh Malik, J.

¶13

CM No.23464-CII of 2011

¶14

The application for permission to file typed copies of documents annexed as Annexures P-1 and P-2 is allowed.

¶15

C.R. No. 5907 of 2011

¶16

This revision petition under the provisions of Article 227 of the Constitution of India has been brought by some of the defendants for setting aside the order dated 11.06.2010 (Annexure P-3) passed by learned Civil Judge (Junior Division), Patiala whereby the application of the defendants for re-calling Baljinder Kaur, PW-1 has been dismissed.

¶17

In the suit brought by Baljinder Kaur and Surjit Kaur, plaintiffs, Baljinder Kaur appeared as PW-1. She could not be crossexamined as counsel for the defendants was busy in his domestic work and had sent a request to the court through proxy counsel praying for next date for cross-examination of Baljinder Kaur. The court, however, ordered the cross-examination as 'NIL'. Claiming that the cross-

¶18

Civil Revision No. 5907 of 2011 --2--

¶19

examination of the plaintiff is very much necessary for just decision of the case, prayer is made for re-calling Baljinder Kaur, PW-1 for crossexamination.

¶20

The application was opposed by the plaintiffs claiming that there was no ground for re-calling Baljinder Kaur. It was also a plea that the court has no power to re-call its own order. Observing that the only remedy available with the defendants is by way of revision which is not availed by the defendants, the application was held to be without merit and was dismissed by learned Civil Judge (Junior Division), Patiala, vide the impugned order.

¶21

Aggrieved by the aforesaid order, the defendants have brought this revision petition.

¶22

I have heard Shri S.S. Salar, learned counsel for the revision petitioner and have gone through the record.

¶23

The application has not been dismissed for the reason that a number of opportunities had been granted to the defendants to crossexamine Baljinder Kaur and that they had failed to cross-examine her despite a number of opportunities without any reasonable cause. The only ground on which the prayer has been declined is that the court has no power to recall its own order by which the cross-examination of Baljinder Kaur has been recorded as 'NIL' for failure of counsel for the defendants to cross-examine her.

¶24

It would be against the interest of justice to allow a witness to go without cross examination, in the circumstances of this case, where the defendants are not to be blamed of any dilatory tactics.

¶25

Civil Revision No. 5907 of 2011 --3--

¶26

Inconvenience if any caused to Baljinder Kaur, PW-1 of appearing in the case for cross-examination, can be compensated with costs.

¶27

For the aforesaid reasons, the revision petition is allowed. The order dated 11.06.2010 (Annexure P-3) passed by learned Civil Judge (Junior Division), Patiala, is set aside. One opportunity is granted to the defendants to cross-examine Baljinder Kaur for which learned trial court would fix a date and call Baljinder Kaur for her cross-examination.

¶28

The petitioners shall, however, be burdened with Rs.5000/- as costs, which is payable to the plaintiffs.

¶29

(VIJENDER SINGH MALIK) JUDGE

¶30

26.09.2011 dinesh

Mohinder Singh & Ors. v. Blajinder Kaur & Anr.

Case brief

What is this about?

What did the court decide?

Mohinder Singh & Ors. v. Blajinder Kaur & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kuldeep Kaur and Ors. Vs Guljar Singh and Ors.

Ram Kishan & Ors. Vs Rameshwar

Bahal Singh and Ors. Vs Shamsher Singh and Ors.

Manisha and Anr. Vs State of Haryana and Anr.

Balbir Singh and Ors. Vs Nitin Andors.

Murti Devi and Ors. Vs Balbir and Anr.