Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (133) CR-5993-2025 Decided on : 01.09.2025 M/s Dainik Savera News & Media Network
……Petitioner Versus Hanesh Mehta ……Respondent
CORAM : HON'BLE MRS.JUSTICE SUDEEPTI SHARMA Present: Ms.Apoorva Kinra, Advocate, for the petitioner.
SUDEEPTI SHARMA
, J. (Oral)
1. The present revision petition has been filed for setting-aside order dated 07.08.2025, passed by learned Civil Judge (Junior Division), Jalandhar in Civil Suit No.CS-161-2020 titled “Dainik Savera News & Media Network Vs. Hanesh Mehta.”
2.
Learned counsel for the petitioner contends that learned Civil Judge (Junior Division), Jalandhar has totally ignored the fact that many opportunities were granted to the respondents to cross-examine PW-1, Chander Shekhar, General Manager of M/s Dainik Savera, News & Media and still was granted one opportunity, subject to payment of cost of Rs.3000/-. 3. I have heard learned counsel for the petitioner and perused the whole case file with her able assistance. 4. It would be apposite to reproduce relevant portion of the order dated 07.08.2025:
“4. I have head Ld. counsels for the both the parties and perused the file. The present application has been filed by the defendant for recalling of PW-1 Chander Shekhar for the purpose of cross- examination by the defendant stating that the Ld. counsel for plaintiff failed to appear before the court and hence, due to inadvertence could not cross-examine the above-said witness and his cross-examination was treated as nil. Perusal of the file reveals that PWI Chander SAILESH RANJAN 2025.09.03 09:20 I attest to the accuracy and integrity of this document
(133) CR-5993-2025 -2- Shekhar, General Manager of M/s Dainik Savera News and Media was present on 27.08.2024, 04.10.2024 and 21.11.2024 for his cross- examination but he was not cross-examined by the counsel for the defendant. Ultimately, on 21.11.2024 PW1 Chander Shekhar, Genera Manager of M/s Dainik Savera News and Media was present for his cross examination; however, he was not cross-examined by Ld. counsel for the defendant and hence, the cross-examination was treated as nil. The perusal of the file reveals that plaintiff was granted many opportunities to cross-examine the plaintiff witness PW-1 but to no avail. Also, thereafter the case was fixed for defendant's evidence on 06.03.2025 and the defendant claimed 4 opportunities before filing the present application and intentionally delayed the proceedings of the case. However, in view of the averments of the application filed by defendant and in the interest of justice, in order to arrive at just and fair decision of the case, this court deems it proper to grant one opportunity to the defendant to cross-examine the plaintiff's witness PW1. Further, the delay caused to the plaintiff can be compensated by way of imposing cost upon the defendant.
Accordingly, the present application filed by the defendant is hereby allowed and one effective opportunity is granted to the defendant to cross-examine PW1 Chander Shekhar, General Manager of M/s Dainik Savera News and Media, subject to payment of cost of Rs. 3000/- to be paid to PW1 Chander Shekhar, General Manager of M/s Dainik Savera News and Media by defendant. It is further made clear that defendant shall be granted only one opportunity to cross-examine the plaintiff's witness.”
5. A perusal of the above shows that it is a well reasoned order which does not require any interference. Accordingly, the present revision petition is dismissed. (SUDEEPTI SHARMA) September 1, 2025 JUDGE sailesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SAILESH RANJAN 2025.09.03 09:20 I attest to the accuracy and integrity of this document