IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 20.04.2026 M/S A.M. AUTO DIESEL AND ANR. ......Petitioner(s)

Vs SH. VARINDER NATH MAYOR AND ORS. ....Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sahil Soi, Advocate for the petitioner.

None for the respondents.

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HARKESH MANUJA, J. (Oral)

[1]. By way of present petition filed under Article 227 of the Constitution of India, challenge has been laid to an order dated 08.08.2022 passed by the learned Civil Judge (Junior Divn.) Jalandhar, whereby the opportunity granted to the petitioners-tenants so as to cross-examine PW-1 Varinder Nath Mayo (landlord) was treated as nil.

[2]. Briefly stating, in the present case, an eviction petition came to be filed in the year 2017 at the instance of the respondents-landlords qua the demised shops no.9 and 10 situated at Mayor Building Nehru Garden Road, Jalandhar against the petitioners-tenants, wherein the respondents-landlords claimed their bona fide necessity qua the demised premises. Upon framing of issues, respondent No.1 appeared and tendered his affidavit on 06.05.2022 as PW-1. On the said date, at the request of learned counsel for the petitioners before the learned Trial Court, the matter was adjourned to 04.07.2022 for cross-examination of PW-1. On

04.07.2022, though PW-1 appeared for his cross-examination, however again on request made by learned counsel for the petitioners, the matter was adjourned to 28.07.2022. Thereafter, the matter was listed on 08.08.2022. On that date, PW-1 was present, but a request was made on behalf of the petitioners-tenants for conducting the cross-examination, after lunch. However, even after lunch, PW-1 was not cross-examined, thereby resulting in closure of the opportunity granted to the petitioner-tenant. Relevant zimni orders passed by the learned Trial Court are extracted hereunder:-

Order dated 06.05.2022 Present: Sh. MS Sodhi Advocate for petitioner.

Sh.Varun Khanna Advocate for respondent.

PW-1 is present. Request for an adjournment by counsel for respondent, case stands adjourned to 04.07.2022 for cross examination of PW-1.

Date of Order: 2022-05-06 Ritu Bala (Joshica Sood)

Civil Judge Junior Division-14 UID NO . PB00530 Order dated 04.07.2022 Present: Sh. BACHAN LAL Advocate for the petitioner Proxy counsel for the respondent.

PW-1 is present for his cross-examination, however an application for adjournment has been moved by proxy counsel for the respondent on the ground that the main counsel is not well on account of high fever and is unable to come present before the court. In the interest of justice, case is adjourned to 28.07.2022 for cross-examination of PW-1 and remaining evidence of the petitioner.

Date of Order: 2022-07-04 Randeep kaur (Joshica Sood)

Civil Judge (Junior Division)-10 UID NO . PB00530 Orders dated 08.08.2022 Present: Sh.MS Sodhi Adv.cl.for petitioner.

Proxy counsel Sh. Arjun for respondent.

PW-1 is present for his cross-examination however proxy counsel for respondent has pleaded that the case may be taken up after lunch since the main counsel has not come present and cross-examination of the witness shall be conducted after lunch. Accordingly the file be put up after 2.00 PM.

Date of Order: 2022-08-08 Ritu Bala (Joshica Sood)

Civil Judge (Junior Division)-10 UID NO . PB00530 Present: Sh.MS Sodhi Adv.cl.for petitioner.

Proxy counsel Sh. Arjun for respondent.

File taken up again. Proxy counsel has stated at bar that the main counsel is appearing in a personal case before the Hon'ble Punjab & Haryana High Court and as such he shall not be able to cross-examine PWI today. At this, proxy counsel for respondent is hereby directed to file an application for adjournment specifying the name of the case personal in which the main counsel is appearing today before the Hon'ble Punjab & Haryana High Court. Accordingly the file be put up at 3.30 PM.

Date of Order: 2022-08-08 Ritu Bala (Joshica Sood)

Civil Judge (Junior Division)-10 UID NO . PB00530 Present: