JUDGMENT : 

YASHVIR SINGH RATHOR. J.

1. The present revision petition has been directed against the orders dated 09.01.2026 and 15.01.2026, vide which right to lead evidence of PW6, SPA Holder of plaintiff has been recorded as ‘nil’ by the Court of ACJ (SD), SAS Nagar, Mohali.

2. I have heard learned counsel for the petitioner and have gone through the material place on the file.

3. In view of the nature of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as it would only delay the proceedings and cause unnecessary expenditure to the respondents.

4. A perusal of the order dated 09.01.2026 shows that plaintiff intended to examine one witness namely PW6. However, the said witness was not present on 09.01.2026 for his examination and an application for exemption from appearance was moved on his behalf alongwith medical prescription to the effect that he has been diagnosed with ankle sprain (deltoid ligament sprain) and he has been advised bed rest from 06.01.2026 to 28.01.2026. Learned Trial Court said witness on 15.01.2026 and last opportunity was granted. On 15.01.2026, the said witness did not appear and the following order has been passed:-

Reply to application for exhibiting the affidavits dated 07.09.2015 filed by defendant no.1. Copy supplied.

Reply to application for exhibiting the affidavits dated 07.09.2015 not filed by defendant no. 2. Adjournment requested. Perusal of the record shows that defendant no. 2 has availed several opportunities but despite availing several opportunities, defendant no. 2 has failed to file reply. It is already 04.30 PM. Further wait is not justified, therefore, the reply on behalf of defendant no. 2 is hereby treated as Nil and no further opportunity shall be granted to defendant no. 2 to file reply.

Today, again PW-6 has not come present for his evidence despite availing several opportunities. It is already 04.30 PM. Further wait is not justified, therefore, the evidence of PW-6 is hereby treated as Nil and no further opportunity shall be granted to plaintiff to examine PW-6.

No other PW is present. On request, the case is adjourned to 19.01.2026 for remaining PWs, subject to last opportunity.

5. Learned counsel for the petitioner contended that the order dated 09.01.2026, reflects that the said witness had been advised bed rest from 06.01.2026 to 28.01.2026. The witness is a resident of Pune and since he had been advised bed rest, he could not have travelled to Mohali to depose in this case and the order dated 15.01.2026, vide which permission to examine him has been declined is harsh and will seriously prejudice the case of plaintiff.

6. Since the witness had already been prescribed medical rest up to 28.01.2026, the trial Court ought to have adjourned the case beyond the said date,  so as to enable the plaintiff to examine him, instead of adjourning the case for 25.01.2026 and passing the impugned order, denying the opportunity to examine him. However, in case, plaintiff is not allowed to examine the said witness, he will certainly suffer an irreparable loss and will be seriously prejudiced, as his examination is essential for just decision of the case.

7. Resultantly, the present petition is disposed of and the impugned orders dated 09.01.2026 & 15.01.2026 are hereby set aside. The learned Trial Court is directed to afford one effective opportunity to the petitioner to examine the said witness.