IN T 141 Dharambir Smt. Santo CORAM: Present:- NIDHI GU dated 16.10 Divn.), Gur the witness/ also for set which the a 16.10.2023 the learned CR-753-2025 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Revision No Date of decision : ambir Singh @ Dharambir Thakran Versus Santosh and others AM:- HON'BLE MS. JUSTICE NIDH Ms. Mehak Ghangas, Advocate for the petitioner. I GUPTA J. (Oral) Prayer in this petition is for sett 16.10.2023 (Annexure P-11) passed by ), Gurugram vide which opportunity to itness/defendant No.1 Santosh Devi stan for setting aside the order dated 26.11 the application filed by the plaintiff .2023 was dismissed. On 16.10.2024 the following imp arned Civil Judge (Jr. Divn.), Gurugram “Witness Santosh since 10:00 AM for her counsel for the petitio presence marked and wa witness. He requested to some time. However, h cross-examine the witnes further wait is justified. 1 UNJAB AND HARYANA IGARH on No.753 of 2025 sion :-05.02.2025 …..Petitioner …..Respondents NIDHI GUPTA ocate or setting aside the impugned order sed by the learned Civil Judge (Jr. ity to further cross-examination of vi stand closed by Court order; and 26.11.2024 (Annexure P-15) vide intiff for recalling the order dated ing impugned order was passed by gram :- tosh Devi is present in Court her cross-examination. Learned titioner appeared to get his was informed qua presence of d to examine the witness after r, he has not re-appeared to tness. It is already 4:00 PM. No fied. Witness was partly cross- VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document has been pa reads as foll CR-753-2025 examined earlier. The op this witness further stand Witnesses namely Singh are examined a examination in chief is r Advocate, Local Commis for the purpose of record been handed-over to the L is directed to record the court room itself. Fee of L Since, learned cou not cross-examined these is imposed upon the peti Gurugram. Witnesses are date of hearing. Let, the case be cross-examination of DW evidence on behalf responsibility.” And on 26.11.2024, the follow een passed by the learned Civil Judge (J as follows :- “Today, the case evidence. At this stage, notice of the undersigned plaintiff that an applicati recalling the order dated decided. Arguments on th Learned counsel for the Ld. Predecessor Court cross-examine the witn 16.10.2023. It is further burden of work, plaintiff the counsel had to leave 2 e opportunity to cross-examine stands closed by court order. mely Umesh Kumar and Zile d as DW7 and DW8. Their is recorded. Sh. Chaman Lal, mmissioner has been appointed cording their statement. File has the Local Commissioner and he the statement of witnesses in the of Local Commissioner paid. counsel for the petitioner has hese witnesses, cost of Rs. 500/- petitioner to be paid in DLSA, s are directed to appear on next be listed on 29.01.2024 for DW7 and DW8 and remaining alf of defendant, at own following order (Annexure P-15) dge (Jr. Divn.), Gurugram, which case was fixed for rebuttal ge, it has been brought to the gned by the learned counsel for ication on behalf of plaintiff for ated 16.10.2023 is pending to be n the said application heard. the plaintiff submitted that the urt closed the opportunity to witness of the defendant on her submitted that due to heavy intiff did not appear as well as eave the court premises due to VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document CR-753-2025 urgency in the house. H allowed. Learned counsel f that sufficient time was cross-examination of th hence, the present appli proceeding and is liable t Heard. Record per This court has 16.10.2023 where the specifically mentioned th present in Court since examination. Learned appeared to get his p informed qua presence o examine the witness afte has not re-appeared to c is already 4:00 PM. N Witness was partly cro opportunity to cross-exa stands closed by court ord Witnesses namely Singh are examined a examination in chief is r Advocate, Local Commis for the purpose of record been handed-over to the L is directed to record the st court room itself. Fee of L It is further pertin also the suit of the plaint on 27.08.2019 which wa 24.05.2023. The case was only this, plaintiff opportunities to conclude conduct of the plaintiff go diligently pursuing the su 3 se. Hence, application may be sel for the defendant submitted was given to the plaintiff for f the defendant witness and pplication is just to delay the ble to be dismissed. perused. as perused the order dated the Ld. Predecessor has d that Witness Santosh Devi is nce 10:00 AM for her cross- ed counsel for the petitioner is presence marked and was ce of witness. He requested to s after some time. However, he to cross-examine the witness. It . No further wait is justified. cross-examined earlier. The examine this witness further rt order. mely Umesh Kumar and Zile d as DW7 and DW8. Their is recorded. Sh. Chaman Lal, mmissioner has been appointed cording their statement. File has the Local Commissioner and he the statement of witnesses in the of Local Commissioner paid. ertinent to mention that earlier laintiff was dismissed in default was restored vide order dated was filed in the year 2014. Not ff availed more than 10 clude its evidence. This act and iff goes to show that he was not he suit in the court. Rather, the VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document plaintiff/pet defendant N biological o legally entit plaintiff. R civil suit. the plaintiff was listed f DW1 Birma two other D and their cr learned cou CR-753-2025 proceedings are taken precious time of the cou already been more tha priority is given to decid as per the direction of H High Court. Moreover, deposition of DW5 and examination of the said w at length already. There allow this application and of the suit as it is on the Hence, the application i hereby dismissed. No rebuttal eviden sought by the learned cou Allowed. Let the case be rebuttal evidence if any shall be last opportunit evidence.” Learned counsel for the plaintif iff/petitioner had filed a suit for declarat dant No.1 is legally wedded wife of pla gical or otherwise son of the plaintiff y entitle to raise any right, title or interes iff. Rest of the details are mentioned After filing detailed written stateme laintiff had concluded his entire evidenc isted for defendants’ evidence. On 13.8 Birmati and DW3 Rajpal was recorde ther DWs namely DW5 Santosh and DW heir cross-examinations were deferred d counsel for the plaintiff. On 22.8. 4 ken in casual manner where court has been wasted. It has than 10 year old case and ecide the matter at the earliest of Hon'ble Punjab and Haryana er, this court has perused the and it is notable that cross- said witness has been conducted herefore, there is no reason to n and further, delay the disposal the stage of rebuttal evidence. on in hand is meritless and is idence is present. Adjournment counsel for respondent. Heard. be listed on 19.12.2024 for any otherwise for arguments. It tunity to conclude the rebuttal laintiff/petitioner submits that the eclaration to the effect that neither of plaintiff nor defendant No.2 is intiff and the defendants are not interest against the property of the ioned in the prayer clause of the tatement on behalf of defendants, vidence and thereafter the matter n 13.8.2019 cross-examination of ecorded and chief examination of nd DW6 Praduman was recorded erred to 22.8.2019 on request of 22.8.2019 cross-examination of VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document DW5 Santo deferred to his cross-ex for her furth and on 27. Thereafter, restoration o of the plain was present examination recorded, h plaintiff bef cross-exami Court had p and thereaf above. suffer irrep (Annexure the very ou may be gra witnesses i. Singh, as gr so. notice of m delay in dis as canvasse CR-753-2025 Santosh was partly recorded and her fur red to 27.8.2019. On 22.8.2019 DW6 Pr examination. On 27.8.2019 though r further cross-examination but none app n 27.8.2019 suit of the plaintiff was after, the plaintiff/petitioner immediatel ation of the suit on 28.8.2019 and ultim plaintiff was restored. On 16.10.2023 resent in the Court for her further cros ination-in-chief of DW7 Umesh Kumar ded, however, due to some emergency iff before the learned trial Court had t examination of the said witnesses. T had passed the impugned order dated 1 thereafter order dated 26.11.2024 (An Learned counsel submits that th irreparable loss if the impugned exure P-11) and 26.11.2024 (Annexure ery outset, learned counsel submits tha be granted to the petitioner herein to c sses i.e. DW5 Santosh Devi, DW7 Um , as grave injustice will be caused to him After hearing learned counsel f of motion is dispensed with at this s in disposal of the case. Accordingly, ke nvassed by learned Counsel for the petit 5 her further cross-examination was W6 Praduman was not present for hough DW5 Santosh was present ne appeared on behalf of plaintiff f was got dismissed in default. ediately moved an application for ultimately on 24.5.2023 the suit .2023 witness DW5 Santosh Devi r cross-examination. On that day umar and DW8 Zile Singh was rgency, learned counsel for the had to leave the Court without es. Thereafter, the learned trial ated 16.10.2023 (Annexure P-11) 4 (Annexure P-15), reproduced that the plaintiff/petitioner would gned orders dated 16.10.2023 exure P-15) are not set aside. At its that one effective opportunity n to conclude cross-examine the W7 Umesh Kumar and DW8 Zile to him if he is not permitted to do nsel for the petitioner, issuance of this stage, as it will cause further ly, keeping in view the above facts petitioner, this petition is allowed VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document and impugn (Annexure P one effectiv examination Kumar and costs to be Welfare Fu Research (P February 0 Vijay Asija Whether spe Whether Re CR-753-2025 mpugned orders dated 16.10.2023 (Ann exure P-15) are set aside. The learned ffective opportunity to enable the petitio ination upon the witnesses i.e. DW5 r and DW8 Zile Singh, however subject to be deposited within two weeks from re Fund of the Post Graduate Institute rch (PGIMER), Chandigarh”. Disposed of as above. Pending application(s), if any, st ary 05, 2025 Asija speaking/reasoned Yes / No her Reportable Yes / No 6 (Annexure P-11) and 26.11.2024 rned trial Court is directed to grant petitioner herein to conclude cross- W5 Santosh Devi, DW7 Umesh ubject to payment of Rs.20,000/- as s from today in the “Poor Patients’ nstitute of Medical Education and any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document