C.R.No.6082 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.6082 of 2009.
Decided on: October 22, 2009.
Pritam Kaur Sidhu
.. Petitioner
VERSUS
Punjab Agricultural University, Ludhiana, and others.
.. Respondents
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.Pritam Saini, Advocate, with
Mr.Amit Arora, Advocate,
for the petitioner.
M.M.S. BEDI, J. (ORAL)
The plaintiff-petitioner has not been given
opportunity to cross-examine DW.1 Ravinder Singh, who was
available in the court on 12.08.2009. It has been informed by
counsel for the plaintiff-petitioner that the evidence of defendant has,
now, been closed but on account of an opportunity to cross-examine
DW.1 Ravinder Singh, having been denied, a prejudice will be
caused as cross-examination has been treated as nil. An affidavit of
the Advocate Shri N.C.Kapil, has been placed on record indicating
that on account of his skin ailment, he was not able to cross-examine
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C.R.No.6082 of 2009
the witness when the evidence of the defendant was closed by order.
Counsel for the petitioner has informed that no
other defendant’s evidence had been produced but only DW.1 was
examined-in-chief and his cross-examination was treated as nil.
I have heard counsel for the petitioner. He has
stated at Bar that next date of hearing before the trial Court is
26.10.2009 for rebuttal evidence as well as for arguments.
In the interest of justice, the revision petition is
allowed and the order dated 12.08.2009, is hereby set aside with a
direction that trial Court will give one opportunity to the plaintiff to
cross-examine DW.1 Ravinder Singh by recalling him on a particular
date subject to payment of costs of Rs.2500/- to the witness to be
paid by the counsel.
Copy of the order be communicated to the trial
Court through FAX.
A copy of order be supplied to the plaintiff-petitioner
on payment of usual charges.
It is made clear that in case on the date fixed by
trial Court the cost is not paid on appearance of the witness, this
revision petition will be deemed to have been dismissed.
(M.M.S.BEDI)
JUDGE
October 22, 2009.
rka
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