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2022 Supreme(P&H) 1078

RAJBIR SEHRAWAT
Hari Pal Singh @ Hari Paul Singh Through Special Power Of Attorney Sukhjinder Singh – Appellant
Versus
Gian Singh – Respondent


Advocates:
Mr. Krishan Sehajpal, Advocate for the Appellant

JUDGMENT

Rajbir Sehrawat, J. (Oral) - This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 02.12.2019 (Annexure P-3) passed by the Civil Judge (Junior Division), Phillaur, District Jalandhar (for short, the trial Court), whereby opportunity to the present petitioner to cross-examine the PW/plaintiff has been treated as Nil; and to set aside the order dated 10.02.2020 (Annexure P-6) passed by the trial Court, whereby the application for recalling the plaintiff for cross-examination has been dismissed.

2. It is submitted by the counsel for the petitioner that after framing of the issues in the case, the first date for examination of the witnesses of the plaintiff was 22.10.2019. On that day, one PW was examined in chief. The cross-examination of the said witness was deferred on request of the counsel for the present petitioner. The case was adjourned to 14.11.2019. However, on 14.11.2019 the plaintiff did not present his witness for cross-examination, although the counsel for the present petitioner-defendant was present before the Court. The case was adjourned to 02.12.2019. On that day, because of wrong presumption

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