Civil Revision No.3454 of 2009 -1-
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
****
Civil Revision No.3454 of 2009
DATE OF DECISION: 17.08.2009
****
Vidya Devi . . . . Petitioner
VS.
Gurdeep Singh & another . . . . Respondents
****
CORAM : HON’BLE MR.JUSTICE SURYA KANT
****
Present: Mr. S.P. Soi, Advocate for the petitioner
Mr. R.S. Rana , Advocate for respondent No.1
*****
SURYA KANT J.(ORAL)
This Revision Petition is directed by defendant
No.1 against the order dated 15.05.2009 passed by the Civil
Judge (Senior Division), Patiala, dismissing his application
for additional evidence. The additional evidence sought to be
produced is merely to enable the petitioner to again step into
the witness box for her further cross-examination which
could not be completed earlier as her evidence was closed vide
order dated 17.7.2008. The trial Court has dismissed the
application after observing that this Court in Civil Revision
No.3932 of 2008 had granted only one opportunity to the
petitioner to lead her evidence subject to payment of cost of
Rs.5000/-.
Notice of motion was issued and in response
thereto, counsel for the parties have been heard.
Civil Revision No.3454 of 2009 -2-
It appears that earlier the matter was adjourned on
more than one occasion to enable the petitioner to appear for
conclusion of her cross-examination. As she failed to appear
despite several opportunities, the trial Court had no option
but to close the evidence. However, keeping in view the fact
that the petitioner has already been partly cross-examined, I
deem it appropriate to grant one more but last opportunity to
her to appear before the trial Court for conclusion of her
cross-examination. Ordered accordingly.
The aforesaid opportunity shall be granted to the
petitioner subject to payment of cost of Rs.5000/- to the
respondent-plaintiff.
Dasti.
(SURYA KANT)
JUDGE
17.08.2009
shonkar