Balbir Singh vs Chhajju Ram

Alok Singh, J

Defendant/Petitioner has assailed order dated 16.10.2010 passed by Civil Judge (Junior Division), Gurdaspur, whereby the request to cross-examine PW-1 on the next day was declined and cross-examination of the Defendant/Petitioner was treated as nil.

Learned Counsel for the Petitioner argues that on the date fixed learned Counsel for the Defendant/Petitioner was not available, hence PW could not be cross-examined and shall be cross-examined on the next date either fixed by this Court or by the trial Court, as the case may be. Learned Counsel for the Defendant/Petitioner further states that no further adjournment shall be sought.

Learned Single Judge of this Court in the matter of Prem Lata v. Ram Sarup reported in 2005(4) RCR 423 placing reliance on judgment of the Division Bench of this Court in the matter of Batala Machine Tools Workshop Co-op. v. Presiding Officer, Labour Court, Gurdaspur has held that matter can be disposed of at the stage of admission without any notice to the opposite party, because if the Respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings.

In the opinion of this Court, present matter can be disposed of at the admission stage without any notice to the Respondent. This Court is of the further opinion that issuing notice to the Respondent shall cause unnecessary delay in the disposal of the matter pending before the learned Trial Court, hence, this Court proposes to decide this petition without notice to the Respondent.

Considering all the facts and circumstances of the case and keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit, I Court direct that learned Trial Court shall fix a date for cross-examination of PW. On the date so fixed, PW shall be summoned and shall be cross-examined by the Defendant/Petitioner. Expenses of PW to be present in for cross-examination shall be borne by the Defendant/Petitioner. It is further clarified that no further adjournment shall be granted to the Defendant/Petitioner. Defendant/Petitioner shall pay Rs. 5,000/-as costs to the Respondent herein before the next date so fixed by the learned Trial Court.

If Respondent feels aggrieved from this order, he shall be at liberty to move this Court for recalling of the order.