Kamaljit Singh vs Paramjit Singh and others

The present petition is directed against the order dated 15.05.2018, passed by the Additional Civil Judge (Senior Division)-1, Jalandhar (for short, the

Trial Court), through which the petitioner was not granted an opportunity to cross-examine PW-6 Sarwan Singh and PW-7 Paramjit Singh.

Learned counsel for the petitioner submits that PW-6 Sarwan Singh and PW-7 Paramjit Singh were examined-in-chief on 17.07.2017 and 21.03.2018

respectively. However, they could not be cross-examined due to the fact that in the integrum learned counsel appearing on behalf of the petitioner had

expired and since the petitioner himself was suffering from cancer of the liver, he initially could not effectively communicate with the associate

counsel working in the office of his deceased counsel and also took some time to engage a fresh counsel. In view of the aforesaid circumstances, he

prays that only one effective opportunity may be granted to him to cross-examine the aforementioned two witnesses on payment of reasonable costs.

Learned counsel for respondents No.1 to 3 submits that in view of the above circumstances, he has no objection, if the petitioner is granted one

effective opportunity to cross-examine PW-6 and PW-7 on the next date fixed before the Trial Court i.e. 17.09.2018. He further submits that

respondent Nos.1 to 3's suit had been filed in February, 2014 and the afore-referred circumstances have resulted in delaying the suit. Therefore,

appropriate directions be issued to the Trial Court for early disposal of the suit.

In the light of the above circumstances in which the petitioner could not cross-examine PW-6 and PW-7 and in line with the principles of natural

justice as also in view of the concession made by learned counsel for respondents No.1 to 3, after setting aside the impugned order dated 15.05.2018, I

consider it just and proper to grant one effective opportunity to the petitioner to cross-examine PW-6 and PW-7 on the next date fixed before the Trial

Court i.e. 17.09.2018. Such opportunity shall be subject to payment of costs of `10,000/- to be paid by the petitioner to respondents No.1 to 3. Since

respondent Nos.1 to 3 had filed their suit in February, 2014 i.e. over four and half years ago and the produced interim orders passed by the Trial Court

reveal that many opportunities have already been granted to the petitioner to lead his defence evidence, a direction is issued to the Trial Court to grant

only three more effective opportunities to the petitioner to complete his entire evidence and no more. It is further directed that the main suit be

disposed of expeditiously but not later than three months from the date of receipt of a certified copy of this order.

The present petition is allowed in the above terms.