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2017 Supreme(P&H) 666

RAMESHWAR SINGH MALIK
Ved Parkash – Appellant
Versus
Singara Singh – Respondent


Advocates:
For the Petitioners:Mr. Manjeet Singh, Advocate.
For the Respondent No.2 (i) and (ii):Mr.Anil Malik, Advocate.
For the Respondents No.1 and 3 (i) to (v):Mr. Saurabh Garg, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J.: (Oral)- Present revision petition, under Article 227 of the Constitution of India, is directed against the order dated 30.7.2016 (Annexure P-7), whereby petitioners were declined the opportunity for independently cross-examining the witnesses of the defendants.

2. Notice of motion was issued and the learned trial Court was directed not to pronounce the final order.

3. Heard learned counsel for the parties.

4. After hearing learned counsel for the parties and going through the record of the case, including the cross-examination of DW-2 Gurdev Singh by the counsel for plaintiff No.1 on 29.11.2016 and 30.11.2016, this Court is of the considered opinion that once the interest of all the three plaintiffs, under the changed circumstances, is no more common, learned trial Court ought to have afforded an opportunity to the petitioners-plaintiffs No.2 and 3 for independently cross-examining the witnesses of the defendants so as to ensure that no prejudice is caused to the petitioners. It is so said because it is the settled principle of law that every litigating party must be granted reasonable opportunity to put up its best case before the Court. Nobo





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