120

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-3944-2022 (O&M)

Date of decision : 16.09.2022

Sahiram

... Petitioner(s)

Versus

Yadram & Ors.

... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present :

Ms. Pratibha Yadav, Advocate for the petitioner.

ALKA SARIN, J. (ORAL)

The present revision petition has been filed under Article 227 of

the Constitution of India challenging the order dated 27.05.2022

(Annexure P-3) whereby the application filed by the plaintiff-petitioner for

striking off the defence of defendant-respondent No.1 for non-deposit of the

costs has been dismissed.

The brief facts relevant to the present lis are that an application

was filed by the plaintiff-petitioner under Order 39 Rule 2-A read with

Section 151 of the Code of Civil Procedure, 1908 (CPC) in the proceedings.

On 27.02.2019 PW3-Hoshiyar Singh, PW4-Nonihal Singh and PW5-Lal

Chand were present for their examination-in-chief. Their cross-examination

was deferred as counsel appearing for defendant-respondent No.1 submitted

that he was busy before other Court and the witnesses were discharged and

bound