Surinder Singh vs Paramjit Kaur on 26 August, 2009

C.R. No. 4826 of 2009                                                    [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.

                                C.R. No. 4826 of 2009

                                Date of Decision: August 26, 2009



Surinder Singh

                                       .....Petitioner

            Vs.

Paramjit Kaur

                                       .....Respondent


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                         -.-

Present:-   Mr. P.S. Punia, Advocate
            for the petitioner.

                   -.-



M.M.S. BEDI, J. (ORAL)

Counsel for the petitioner submits that the petitioner seeks only

one opportunity to complete the cross-examination of respondent Paramjit

Kaur. The next date of hearting before the trial Court is September 18, 2009,

for DWs.

I am satisfied from the impugned order and other documents

placed on record that the petitioner had been intentionally dillydallying the

cross-examination of plaintiff- respondent who happens to be his real sister
C.R. No. 4826 of 2009 [2]

in a suit for declaration. However, in the interest of justice it is ordered that

the petitioner will be given one opportunity to complete the cross-

examination of Paramjit Kaur. The impugned order dated July 25, 2009,

closing the evidence of the petitioner is hereby set aside and a direction is

issued that on September 18, 2009, the petitioner will cross-examine the

respondent subject to payment of Rs.3000/- as costs. It is made clear that in

case for any reason Paramjit Kaur is not present in the Court on September

18, 2009, the trial Court will adjourn the case for appearance and cross-

examination of Paramjit Kaur by giving a short date so that the cross-

examination of Paramjit Kaur could be completed. It is made clear that in

case the costs is not paid or the opportunity to cross-examine is not availed,

this petition will be deemed to have been dismissed.

Disposed of in limine.

August 26, 2009                                      (M.M.S.BEDI)
 sanjay                                                JUDGE