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2025 DAILYLAW 12923 (PNJ)

BALBIR SINGH SINCE DECEASED THORUGH LRS v. JASWANT SINGH GHUMAN AND ORS

CR/217/2025 · 2025-08-07

Nidhi Gupta

body2025

Judgment text

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CR-217-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 255 Balbir Singh Jaswant Singh Ghuman and CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India is for setting aside the impugned order dated 12.12.2024 (Annexure P 512 of 2018 titled as ‘ others’, vid dated 28.11.2024 (Annexure P for issuance of directions to defendant No. 1 cross examine the plaintiff the petitioner/defendant No. 2 2. 3. No. 1/plaintiff submits that he has ‘no objection’ in case, the present revision petition is allowed and the impug aside. However, it is submitted by learned counsel that respondent No. 1/plaintiff 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Balbir Singh Versus Jaswant Singh Ghuman and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Yogesh Jangra, Advocate for Mr. Sandeep Sharma, Advocate for the petitioner. Mr. PS Paul, Advocate for respondent No. NIDHI GUPTA, J. (ORAL) Prayer in this revision filed under Article 227 of the Constitution of India is for setting aside the impugned order dated 12.12.2024 (Annexure P-1) passed by the learned trial Court in CS No. 512 of 2018 titled as ‘Jaswant Singh Ghuman ’, vide which the learned trial Court had dismissed the application dated 28.11.2024 (Annexure P-9) filed by the petitioner/defendant No. 2 for issuance of directions to defendant No. 1 cross examine the plaintiff/respondent No. 1 the petitioner/defendant No. 2(a). Heard. At the very outset, learned counsel appearing for respondent /plaintiff submits that he has ‘no objection’ in case, the present revision petition is allowed and the impugned order (Annexure P aside. However, it is submitted by learned counsel that respondent No. /plaintiff is 62 years old and is a Kidney Patient. Accordingly, it is IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-217-2025 Date of Decision: 07.08.2025 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Yogesh Jangra, Advocate for Mr. Sandeep Sharma, Advocate for the petitioner. Mr. PS Paul, Advocate for respondent No. 1. revision filed under Article 227 of the Constitution of India is for setting aside the impugned order dated 1) passed by the learned trial Court in CS No. Jaswant Singh Ghuman vs. Lakhbir Singh and e which the learned trial Court had dismissed the application 9) filed by the petitioner/defendant No. 2 for issuance of directions to defendant No. 1/respondent No. 2 herein to /respondent No. 1 prior to cross-examination by At the very outset, learned counsel appearing for respondent /plaintiff submits that he has ‘no objection’ in case, the present ned order (Annexure P-1) is set aside. However, it is submitted by learned counsel that respondent No. is 62 years old and is a Kidney Patient. Accordingly, it is revision filed under Article 227 of the Constitution of India is for setting aside the impugned order dated 1) passed by the learned trial Court in CS No. Lakhbir Singh and e which the learned trial Court had dismissed the application 9) filed by the petitioner/defendant No. 2 to examination by At the very outset, learned counsel appearing for respondent /plaintiff submits that he has ‘no objection’ in case, the present 1) is set aside. However, it is submitted by learned counsel that respondent No. is 62 years old and is a Kidney Patient. Accordingly, it is RISHU KATARIA 2025.08.08 18:02 I attest to the accuracy and authenticity of this order/judgment. CR-217-2025 prayed that the petitioner/defendant No. 2(a) and respondent No. 2/defendant No. the same day. 4. learned counsel for the petitioner and without commenting upon merits of the case, but in view of principles of natural conscience and fair play order dated Court is directed to permit the petitioner/defendant No. 2(a) to cross examine respondent No. 1 defendant No. 1/respondent No. 2 5. 07.08.2025 rishu 2025 -2- prayed that the petitioner/defendant No. 2(a) and respondent No. 2/defendant No. 1 shall cross-examine the plaintiff/ the same day. Having given thoughtful consideration to the submissions of learned counsel for the petitioner and without commenting upon merits of the case, but in view of principles of natural conscience and fair play; this petition is disposed of dated 12.12.2024 (Annexure P-1) is Court is directed to permit the petitioner/defendant No. 2(a) to cross examine respondent No. 1-plaintiff, after the cross defendant No. 1/respondent No. 2, but on the same date. Pending application(s), if any, sha 07.08.2025 Whether speaking/reasoned Whether Reportable prayed that the petitioner/defendant No. 2(a) and respondent No. examine the plaintiff/ respondent No.1 on Having given thoughtful consideration to the submissions of learned counsel for the petitioner and without commenting upon merits of the case, but in view of principles of natural justice, equity, good disposed of; and the impugned is set aside. The learned trial Court is directed to permit the petitioner/defendant No. 2(a) to cross- plaintiff, after the cross-examination done by , but on the same date. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No prayed that the petitioner/defendant No. 2(a) and respondent No. respondent No.1 on Having given thoughtful consideration to the submissions of learned counsel for the petitioner and without commenting upon merits of justice, equity, good the impugned The learned trial by RISHU KATARIA 2025.08.08 18:02 I attest to the accuracy and authenticity of this order/judgment.