Palwinder Singh Vs Ranjit Kaur and Ors.

One witness was present on 28.1.2013, who had already been examined in chief and was tendered for cross examination, but the court instead of providing opportunity to the defendant to cross examine the witness closed the evidence of the plaintiff by order. Earlier also the plaintiff had examined two other witnesses in chief, but they were also not cross examined by the learned counsel for the defendant. As such, though it was not the whole contribution of the respondents in not cross examining the three witnesses, but the plaintiff was also responsible for which he was to be burdened with heavy costs.

¶13

As such, this petition is allowed, impugned order is set aside and petitioner is granted three months time to close his entire evidence subject to payment of Rs.15,000/- as costs. If the defendant does not cross examine the witnesses, then the court would particularly record that the opportunity given 'nil'. However, the petitioner would be at liberty to take help of the court in taking the summons dasti of the witnesses he wants to examine.

¶14

This petition is allowed without serving 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.

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March 12, 2013 (A.N. Jindal) deepak Judge

Palwinder Singh v. Ranjit Kaur and Ors.

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Palwinder Singh v. Ranjit Kaur and Ors.

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