Sharanjit Kaur vs Jagmohan Singh and another

Ajay Kumar Mittal, J.—Learned counsel for the petitioner states that the petitioner had impugned order dated 8.10.2011 by filing CR No. 5705 of 2011 in this Court and under the mistaken impression, learned counsel for the petitioner could not cross-examine PW11 before the trial court. He further states that one opportunity may be granted to the petitioner to cross-examine PW11 as it is essential for the just decision of the case. According to the learned, the next date fixed before the trial court is 7.1.2012 and in case one opportunity is granted piror to that date, there would be no delay in the proceedings as well.

Notice of motion to respondent No. 1 only.

Mr. D.K. Bhatti, Advocate accepts notice on behalf of respondent No. 1.

Learned counsel for respondent No. 1 states that he has no objection if one opportunity is granted to the petitioner to cross-examine PW11 subject to payment of costs.

After hearing learned counsel for the parties and in the facts and circumstances of the present case, the present revision petition is disposed of with a direction that the petitioner shall be granted an opportunity to cross-examine PW11 on the date to be fixed by the trial court subject to payment of Rs. 2,000/-to the respondent No. 1 as costs. It is, however, made clear that in case the petitioner fails to cross-examine PW11 on the date to be fixed by the trial court or to pay the costs, as stipulated above, this revision petition shall be deemed to have been dismissed.