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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Sajjan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 08.07.2024 (Annexure P5) vide which an application filed by the petitioner for an adjournment was rejected. Challenge has also been made to the order dated 09.07.2024 (Annexure P-6) vide which the petitioner/plaintiff's right to cross-examination of DW1 has been treated as nil. Further challenge has been made to the order dated 02.09.2024 (Annexure P-13) passed by the trial Court vide which an application filed under Section 151 CPC for recalling of the abovesaid orders has also been dismissed.
2. Learned counsel for the petitioner has submitted that the petitioner who is Driver in the respondent-State had filed a civil suit on 04.08.2010 for permanent injunction restraining the respondents-defendants for effecting any recovery from his salary on account of alleged excess consumption of petrol and the said suit was dismissed in default vide order dated 19.02.2014 and the petitioner had moved an application under Order 9 Rule 8 CPC on 12.04.2014 which was dismissed by the trial Court on 24.01.2018 and thereafter, the petitioner had filed
The right to cross-examine is a substantive right that cannot be forfeited on mere technicalities, as its denial affects principles of natural justice.
The court affirmed the essential right to cross-examine witnesses fully, emphasizing no counsel should be compelled to conclude cross-examination in one sitting without justified reasons.
The main legal point established in the judgment is that a petitioner must avail the opportunities given by the court, and a mere change of counsel does not suffice as a reason for not cross-examinin....
The court emphasized the importance of providing a fair opportunity for cross-examination and ensuring expeditious disposal of the trial.
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