IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (124)

Date of Decision:-29.10.2025 GAGANDEEP KAUR ALIAS JAGROOP KAUR … Petitioner Versus HARDEV SINGH AND OTHERS ... Respondents -.-

CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Amit Arora, Advocate, for the petitioner.

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VIRINDER AGGARWAL , J . (Oral)

1. The present civil revision petition has been filed assailing the order dated 19.08.2025 passed by learned Additional Civil Judge (Senior Division), Khadur Sahib vide which, the right to cross-examination of PW1 and PW2 has been closed arbitrarily without recording any reason and that one last opportunity be granted to the petitioner to cross-examine the witnesses.

2. Perusal of the paper book shows that witnesses PW1 and PW2 came present and are recorded to be examined by the learned Additional Civil Judge (Senior Division), Khadur Sahib. The impugned order is reproduced as under:-

“196-18-CS Hardev Singh vs. Gagandeep Kaur.

Present: Sh. Nitin Sharma, Advocate, for plaintiff.

Sh. AS Goindwal Advocate counsel for defendant No.2.

Mr. G.K. Arora, Advocate, for defendant No.2(i) to (iii).

Defendant No.1 ex parte.

PW-1 and PW-2 present and examined. Vide separate suffered statement of plaintiff recorded today, stated that he close his plaintiff evidence. Now to come up on 26.08.2025 for Dws.

Date of order: 19.08.2025 (Monika Chouhan)

ACJSD/SDJM/Khadur Sahib UID No.PB0424”

3. Petitioner has also placed on record the copies of testimonies of PW1 and PW2. The same are reproduced as under:-

“Hardev singh vs. Gagandeep Kaur and others ONSA PW-1 Hardev Singh s/o Harbhajan Singh Recalled for cross examination Opportunity given nil.

RO & AC (Monika Chouhan)

Sd/- Hardev Singh ACJSD/SDJM/Khadur Sahib

19.08.2025 ONSA PW-2 Satnam Singh s/o Kartar Singh Recalled for cross examination Opportunity given nil.

RO & AC (Monika Chouhan)

Sd/- Hardev Singh ACJSD/SDJM/Khadur Sahib

19.08.2025”

4. This shows that both the witnesses were present in the Court but petitioner has failed to cross-examine the witnesses. Previously also, the cross-

examination of witnesses was deferred and witnesses came present only for the purposes of cross-examination. The learned Additional Civil Judge (Senior Division) while closing the cross-examination of the petitioner should have recorded some reasons but in the impugned order, no reason has been recorded by the learned Civil Judge (Senior Division), so, it is clear that the orders suffers from patent illegality and the learned Additional Civil Judge (Senior Division), has not exercised the jurisdiction vested in her properly and as per law.

5. In view of this, the petition of the petitioner deserves to be accepted but considering the fact that inaction of the petitioner of cross-examining the witnesses time and again is putting witnesses to inconvenience, witnesses cannot be put to inconvenience by making them to attend the Court time and again for their testimonies as the same would weaken the faith of general public in judicial system and brings bad name to district judiciary, so, the instant petition is allowed and the impugned order is set aside subject to the payment of cost of Rs.10,000/- and out of the said cost Rs. 5,000/- each would be paid to the witnesses to compensate witnesses for their loss of time and petitioner would be provided with only one opportunity.

6. Pending miscellaneous applications, if any, are also disposed of.

(VIRINDER AGGARWAL)

29^th October, 2025 JUDGE

S. Pathania