Gurudwara Manji Sahib and Another vs Tara Singh and Another

Jaswant Singh, J.—Defendants/Petitioners have filed the present revision petition under Article 227 of the Constitution assailing the order dated 25.11.2010 (P2) whereby the cross examination of PW1 Tara Singh and PW2 Bant Singh (Plaintiffs/Respondents) has been ordered to be treated as nil on account of failure on the part of the Defendants to cross examine them despite many opportunities.

Plaintiffs/Respondents filed a suit for permanent injunction restraining the Defendants/Petitioners from digging any pond in any part of the joint un-partitioned property of the Plaintiffs and Defendant/Petitioner No. 1-Gurudwara Manji Sahib, Village Alamgir,Distt. Ludhiana, without getting the same partitioned.

It is submitted that the said Gurudwara is a Historical Gurudwara, which has purchased share of one of the co-sharers in the suit land. Learned Counsel very fairly concedes that sufficient opportunities have been given to the counsel for the Defendants/ Petitioners to cross examine PW1 and PW2 namely Tara Singh and Bant Singh respectively, however their cross examination could not be conducted since their counsel Sh. Harish Rai Dhanda was elected as an MLA from the area in the year 2007 and had remained preoccupied with his duties as an MLA. It is further submitted that after the passing of the order dated 25.11.2010, no effective proceedings have taken place. Therefore, prays for one last opportunity to cross examine aforesaid two P Ws subject to other side being compensated .

After hearing the learned Counsel for the Defendants/Petitioners and keeping in view the explanation offered for non-conducting the cross examination of aforesaid two P Ws namely Tara Singh and Bant Singh which appears to be bonafide and reasonable, I am inclined to accept the prayer made on behalf of the Defendants/Petitioners since the other side can be compensated for the inconvenience being caused to them. Still further for the view I am taking in this petition, I am not inclined to put the Respondents/Plaintiffs to notice as that would unnecessarily entail delay in the matter and expenses on the part of the Plaintiffs.

Keeping in view the nature of the dispute between the parties, I deem it expedient in the interest of justice to grant one last opportunities to the Defendants/Petitioners at their own responsibility to cross examine P Ws Tara Singh and Bant Singh subject to payment of Rs. 2000/-each to them besides imposing another sum of Rs. 3000/-as costs to be deposited with the State Legal Services Authority, Ludhiana. The aforesaid costs shall be paid by the Defendants/Petitioners by way of demand draft. It is clarified that the trial court shall summon the aforesaid two witnesses on payment of requisite costs within two weeks from today.

Disposed of.