IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 164 CR-4569-2026 (O&M) Date of Decision.:21.07.2026 Aman @ Monu @ Madhur Malhotra …..Pe44oner Vs. Rohtash .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vatsal Raj, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) The present revision peon is directed against the order dated 30.10.2025 (Annexure P-3) passed by the learned Rent Controller, whereby the applicaon filed by the peoner-tenant seeking recall of PW-1 Rohtash, the landlord, for the purpose of cross-examinaon was dismissed. 2. The respondent-landlord instuted a peon under Secon 13 of the Haryana Urban (Control of Rent and Evicon) Act, 1973 seeking ejectment of the peoner from the demised premises. During the course of trial, the examinaon- in-chief of PW-1 Rohtash was recorded on 28.03.2024. His cross-examinaon was deferred at the request of learned counsel appearing for the peoner-tenant. Ulmately, by order dated 22.04.2025, the learned Rent Controller closed the opportunity of the peoner to cross-examine PW-1 and treated the cross- examinaon as 'Nil'. The subsequent applicaon seeking recall of the witness was dismissed by the impugned order. 3. Learned counsel for the peoner contends that the learned Rent Controller proceeded on an erroneous factual premise that PW-1 had remained present on 01.05.2024, whereas the zimni order itself reveals that no witness was Page No. 1 of 4 Pages NEETIKA TUTEJA 2026.07.23 10:58 I attest to the accuracy and integrity of this document CR-4569-2026 (O&M) present on that date. It is, therefore, submi?ed that the impugned order deserves to be set aside. 4. It is correct that the observaon in the impugned order regarding the presence of PW-1 on 01.05.2024 is not borne out from the record. The proceedings dated 01.05.2024 reveal that no witness was present on that day. 5. However, that factual error by itself does not advance the peoner's case. The record unmistakably shows that a@er the examinaon-in-chief of PW-1 was recorded on 28.03.2024, his cross-examinaon was deferred on the request of learned counsel for the peoner. Therea@er, PW-1 again appeared before the Court on 02.12.2024, yet no cross-examinaon was conducted. The ma?er was adjourned, subject to payment of ₹500/- as costs, granng yet another opportunity to the peoner. 6. On the adjourned date, PW-1 remained present in Court since morning for the purpose of cross-examinaon. The learned Rent Controller waited ll 3:30 p.m., but neither was the witness cross-examined nor did learned counsel for the peoner appear. In these circumstances, the learned Rent Controller was le@ with no opon except to close the opportunity and treat the cross- examinaon of PW-1 as 'Nil'. 7. The chronology of events clearly demonstrates that adequate opportunies had already been granted to the peoner. The conduct of the peoner reflects repeated failure to avail the opportunies granted by the Court, resulng in unnecessary delay in disposal of the evicon peon. Consequently, the exercise of discreon by the learned Rent Controller in dismissing the recall applicaon cannot be said to suffer from any jurisdiconal error, patent illegality or perversity warranng interference under Arcle 227 of the Constuon of India. Page No. 2 of 4 Pages NEETIKA TUTEJA 2026.07.23 10:58 I attest to the accuracy and integrity of this document CR-4569-2026 (O&M) 8. Nevertheless, it cannot be overlooked that the right to cross-examine a material witness is an important facet of a fair adjudicatory process. Denial of such opportunity may, in an appropriate case, result in prejudice affecng the final adjudicaon. Courts ordinarily lean in favour of deciding disputes on merits rather than on procedural defaults, provided the defaulng party is adequately penalized and the opposite party is compensated for the delay occasioned. 9. Having regard to the nature of the proceedings, the stage of the trial and in order to balance the compeng interests of both pares, this Court is of the considered opinion that the ends of jusce would be adequately served by granng one final and last opportunity to the peoner to cross-examine PW-1, subject to stringent condions so that no further delay is caused. 10. Accordingly, while maintaining the finding that the learned Rent Controller commi?ed no legal error in passing the impugned order, this Court, in exercise of its supervisory jurisdicon to secure the ends of jusce, modifies the consequences thereof and issues the following direcons: (i) The peoner shall be granted one effecve and final opportunity to cross- examine PW-1 Rohtash. (ii) Such opportunity shall be subject to payment of ₹25,000/- (Rupees Twenty-five Thousand only) as costs to the respondent-landlord. (iii) The aforesaid costs shall be paid by way of a Demand Dra@ on the next date fixed before the learned Rent Controller and shall constute a condion precedent for grant of the opportunity. (iv) The learned Rent Controller shall fix only one date for the cross-examinaon of PW-1. No further adjournment shall be granted to the peoner on any ground whatsoever. Page No. 3 of 4 Pages NEETIKA TUTEJA 2026.07.23 10:58 I attest to the accuracy and integrity of this document CR-4569-2026 (O&M) (v) In the event the peoner fails either to tender the aforesaid costs or to conclude the cross-examinaon on the date so fixed, the benefit of this order shall automacally stand withdrawn without any further reference to this Court, and the learned Rent Controller shall proceed with the evicon peon from the stage at which it presently stands. 11. The revision peon is disposed of in the above terms. 12. Since this order has been passed without issuing noce to the respondent-landlord and solely with a view to balance equies, it shall remain open to the respondent to seek appropriate remedy in accordance with law, if so advised. Pending miscellaneous applicaon(s), if any, shall also stand disposed of. (DEEPAK GUPTA) JUDGE July 21, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Page No. 4 of 4 Pages NEETIKA TUTEJA 2026.07.23 10:58 I attest to the accuracy and integrity of this document