302 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1139-2023 (O&M) Date of Decision : 01.12.2025 Harcharan Singh ... Petitioner Versus Gurwinder Singh ... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. V.K. Sandhir, Advocate for the petitioner. Mr. Anupam Bhardwaj, Advocate for the respondent. (through hybrid mode). ALKA SARIN, J. (Oral) 1. Present revision petition has been filed by the defendant- petitioner challenging the order dated 16.05.2022 whereby cross-examination of two PWs i.e. Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar, has been treated as nil (opportunity given). 2. Learned counsel for the defendant-petitioner would contend that on 29.03.2022 the witnesses, namely, PW Rajesh Kumar and PW Palwinder Singh were present. Though, cross-examination of Rajesh Kumar was completed, however the second witness, namely, Palwinder Singh was partly cross-examined and his remaining cross-examination was deferred at the request of counsel for the defendant. Summons were also issued to one Ashwani Sodhi, Deed Writer. The matter was adjourned to 16.05.2022. On 16.05.2022 the cross-examination of Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar was treated as nil (opportunity given). Learned JITENDER KUMAR 2025.12.02 10:28 I attest to the accuracy and authenticity of this document Chandigarh CR-1139-2023 -2- counsel for the defendant-petitioner would further contend that on 16.05.2022 affidavit of Ashwani Sodhi, Deed Writer was tendered and the counsel had sought time for cross-examination. However, instead of granting any time for cross-examination, the cross-examination of both Ashwani Sodhi and Palwinder Singh was treated as nil. Learned counsel for the defendant- petitioner has further contended that given one effective opportunity the defendant-petitioner would cross-examine the aforesaid witnesses. 3. Per contra learned counsel for the plaintiff-respondent would contend that despite opportunity having been given to the defendant- petitioner, the cross-examination was not conducted by him. 4. Heard. 5. In the present case, the suit is for specific performance. Keeping in view the nature of litigation and in order to do complete justice between the parties, this Court deems is appropriate to grant one effective opportunity to the defendant-petitioner to cross-examine of Ashwani Sodhi, Deed Writer and Palwinder Singhl, Namberdar. It is made clear that in case the defendant- petitioner fails to cross-examine the aforesaid witnesses, the present revision petition shall be deemed to having been dismissed. 6. The revision petition is disposed off in the above terms. Pending applications, if any, also stand disposed off. 01.12.2025 jk ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.12.02 10:28 I attest to the accuracy and authenticity of this document Chandigarh