C.R.No.6082 of 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

C.R.No.6082 of 2009.

Decided on: October 22, 2009.

Pritam Kaur Sidhu

.. Petitioner

VERSUS

Punjab Agricultural University, Ludhiana, and others.

.. Respondents

* * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI

PRESENT

Mr.Pritam Saini, Advocate, with

Mr.Amit Arora, Advocate,

for the petitioner.

M.M.S. BEDI, J. (ORAL)

The plaintiff-petitioner has not been given

opportunity to cross-examine DW.1 Ravinder Singh, who was

available in the court on 12.08.2009. It has been informed by

counsel for the plaintiff-petitioner that the evidence of defendant has,

now, been closed but on account of an opportunity to cross-examine

DW.1 Ravinder Singh, having been denied, a prejudice will be

caused as cross-examination has been treated as nil. An affidavit of

the Advocate Shri N.C.Kapil, has been placed on record indicating

that on account of his skin ailment, he was not able to cross-examine

. . . 1

C.R.No.6082 of 2009

the witness when the evidence of the defendant was closed by order.

Counsel for the petitioner has informed that no

other defendant's evidence had been produced but only DW.1 was

examined-in-chief and his cross-examination was treated as nil.

I have heard counsel for the petitioner. He has

stated at Bar that next date of hearing before the trial Court is

26.10.2009 for rebuttal evidence as well as for arguments.

In the interest of justice, the revision petition is

allowed and the order dated 12.08.2009, is hereby set aside with a

direction that trial Court will give one opportunity to the plaintiff to

cross-examine DW.1 Ravinder Singh by recalling him on a particular

date subject to payment of costs of Rs.2500/- to the witness to be

paid by the counsel.

Copy of the order be communicated to the trial

Court through FAX.

A copy of order be supplied to the plaintiff-petitioner

on payment of usual charges.

It is made clear that in case on the date fixed by

trial Court the cost is not paid on appearance of the witness, this

revision petition will be deemed to have been dismissed.

(M.M.S.BEDI)

JUDGE

October 22, 2009.

rka

. . . 2