CR-3437-2026 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3437-2026 (O&M) Date of decision: 23.04.2026 Yogita Basil and others ...Pe''oners Versus Mrs. Kamaljit Kaur ...Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Vishwajit Bedi, Advocate for the pe''oner. **** DEEPAK GUPTA, J. (ORAL) The present revision pe''on has been preferred by the tenants of the main pe''on (respondents in trial court) assailing the order dated 17.02.2026 (Annexure P-12) passed by the learned Rent Controller, Ludhiana, whereby their applica'on seeking recall of the order closing the opportunity to further cross-examine PW-2 was dismissed. 2. I have heard learned counsel for the pe''oners and have gone through the impugned order as well as the material available on record. 3. The record reveals that PW-2 was partly cross-examined and the ma;er was adjourned for remaining cross-examina'on. On the subsequent dates, though the witness was present, the pe''oners failed to conclude the cross-examina'on, ul'mately leading to closure of their opportunity. The learned Rent Controller, no'cing repeated adjournments and conduct of the defendants, declined the prayer for recall of the said order. 4. While the conduct of the pe''oners does not inspire confidence and the observa'ons of the learned Rent Controller regarding delay tac'cs cannot be lightly brushed aside, it is equally well se;led that the right of cross-examina'on is a valuable right, and denial thereof may, in appropriate cases, result in prejudice affec'ng the fairness of trial. YOGESH MEHTA 2026.04.24 12:03 I attest to the accuracy and integrity of this document CR-3437-2026 (O&M) [2] 5. The purpose of adjudica'on is to decide the lis on merits. Even where a party has been negligent, the Court, in appropriate circumstances, can balance equi'es by gran'ng a limited indulgence subject to strict terms, so that the opposite party is duly compensated and delay is discouraged. 6. In the present case, the cross-examina'on of PW-2 is stated to be material, par'cularly in rela'on to the disputed document on record. Denial of even a single effec've opportunity may lead to an incomplete adjudica'on of issues involved. 7. Accordingly, without expressing any opinion on the merits of the case and while disapproving the conduct of the pe''oners, the present revision pe''on is allowed in the interest of jus'ce, subject to the following condi'ons:
The pe''oners/tenants are granted one effec've opportunity only to further cross-examine PW-2.
This opportunity shall be subject to payment of costs of ₹25,000/-, to be paid to the respondent by way of bank draC before the learned Rent Controller on the next date of hearing.
No further adjournment shall be granted on any ground whatsoever.
In case the opportunity is not availed, the right shall stand closed automa'cally. 8. The learned Rent Controller shall proceed with the ma;er expedi'ously thereaCer, in accordance with law. 9. The revision pe''on stands disposed of in the above terms. 23.04.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.04.24 12:03 I attest to the accuracy and integrity of this document