IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:25.02.2025 Sarabjit Singh ....Petitioner Versus Dharampal Singh .....Respondent CORAM: HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA ****

Present: Mr. Ritesh Pandey, Advocate, for the petitioner.

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DEEPINDER SINGH NALWA , J. (Oral)

1. By way of present civil revision, the petitioner is challenging the order dated 24.01.2025 (Annexure P-5) passed by learned Civil Judge (Junior Division), Batala, whereby, learned trial Court has dismissed the application of the petitioner filed under Section 151 CPC seeking opportunity to further cross-examine the respondent.

2. A perusal of the order passed by the learned trial Court dated 24.01.2025 would show that the trial Court has held that the petitioner did not examine the respondent despite his availability on various dates which indicates that the petitioner is only buying time and purposely delaying the proceedings in the case.

3. Learned counsel for the petitioner submits that on 08.01.2024, the respondent had come present for his cross-exmaination and he was partly cross-examined and his further cross-examination was deferred for want of Will.

4. I have heard learned counsel for the petitioner and perused the records available on case file.

5. A perusal of the zimni orders passed by the learned trial Court would show that the respondent appeared before the trial Court on 03.12.2024 but could not be cross-examined as learned counsel for the petitioner suffered statement to the effect that only one adjournment may kindly be granted as he had to go to District Courts at Gurdaspur and accordingly the respondent was bound down for the next date of hearing. It transpires that the case was adjourned to 18.12.2024 directing the petitioner to cross-examine the respondent subject to last opportunity failing which appropriate order would be passed and it was made clear that no further opportunity shall be granted to the petitioner for the abovesaid purpose. It also transpires that the respondent appeared before the trial Court on 18.12.2024 however learned counsel for the petitioner failed to turn up before the Court to cross-examine the respondent and request was made that the Court may adjourn the case for post-lunch hours stating that the counsel was busy in some other Court and the case was again taken up for hearing after post-lunch hours, however it again transpires that the counsel for the petitioner did not turn up before the Court and consequence of this, cross-

examination of the respondent was treated as Nil. A perusal of the orders passed by the trial Court would show that the learned trial Court has granted ample opportunity to the petitioner to cross-examine the respondents. However, it transpires that the counsel for the petitioner failed to turn up before the trial Court to cross-examine the respondent. Taking into consideration the abovesaid facts of the case, a party should not be made suffer because non-appearnace of a counsel. The counsel for the petitioner undertakes that the petitioner would conclude the cross-examination of the respondent in a time bound manner.

6. Keeping in view the aforesaid facts and circumstances of the case, this revision petition is disposed of without issuing notice of motion to the respondent as that will only further delay the matter and with a direction to learned Civil Judge (Junior Division), Batala to grant one effective opportunity to the petitioner to cross-examine the respondent Dharampal Singh, subject to payment of costs of Rs.15,000/- to be paid to the respondent within a period of two weeks from today.

7. Pending application(s), if any, also stand(s) disposed of.

(DEEPINDER SINGH NALWA)

JUDGE February 25, 2025 dinesh