Vinod kumar vs Rakesh Kumar and Others

Ram Chand Gupta, J.—LRs of Respondent No. 3 duly served. However, none appeared. Hence, they are proceeded against ex parte.

The present revision petition has been filed under Article 227 of the Constitution of India read with Section 151 of CPC for setting aside impugned order dated 16.05.2009, Annexure P1 passed by learned Civil Judge(Junior Division), Jagadhri vide which cross-examination of witnesses of Respondents-Defendants on behalf of Petitioner-Plaintiff was ordered as nil and subsequent order dated 18.07.2009, Annexure P3 vide which application filed by Petitioner for recalling the Defendants'' witness for cross-examination on behalf of Petitioner-Plaintiff was also dismissed.

I have heard learned Counsel for the parties and have gone through the whole record including the impugned orders passed by learned trial Court.

It has been stated by learned Counsel for the Petitioner that affidavits of four witnesses were tendered in evidence for the first time on 16.05.2009 and date was requested on behalf of Petitioner-Plaintiff for cross-examination of the witnesses as counsel was busy in other court and however, without providing opportunity to Petitioner-Plaintiff to cross-examine them, the same was closed. It has also been contended that even counsel for the Defendants had taken two adjournments for cross-examination of witnesses of Plaintiff.

In view of these facts, one opportunity can be granted to Petitioner-Plaintiff to cross-examine the witness of Defendants, who tendered affidavits of their respective examination-in-chief on 16.05.2009 and the other party can be compensated by way of cost.

Hence, in view of aforementioned facts, the present revision petition is accepted and the impugned orders are set aside.

Learned trial Court is directed to grant one opportunity to Petitioner-Plaintiff to cross-examine the witnesses of Defendants who already tendered affidavits of their respective examination-in-chief.

However, Petitioner-Plaintiff is burdened with cost of Rs. 5,000/-, which shall be a condition precedent.

Disposed of accordingly.