Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 304 (PNJ)

Dalbir Grover v. Vijay Kumar

2014-02-07

SABINA

body2014
Mrs. Sabina, J.: - Petitioner has filed this petition challenging the order dated 27.01.2014 whereby application moved by the petitioner to enable RW-1 to appear for further cross-examination, was dismissed. 2. Learned counsel for the petitioner has submitted that the petitioner had appeared in the witness-box as RW-1 and had tendered his affidavit in his examination-in-chief on 04.09.2012. Thereafter, petitioner was partly cross-examined on 16.04.2013 and his cross-examination was deferred. Learned counsel has further submitted that due to inadvertence, petitioner could not appear for his further cross-examination. In fact, the said fact came to the notice of the counsel for the petitioner when the case was being prepared for final arguments. It is very necessary in the interest of justice that cross-examination of the petitioner be concluded, otherwise, petitioner would suffer an irreparable loss. 3. In the present case, respondent has filed petition under Section 13 Haryana Urban (Control of Rent and Eviction) Act, 1973 seeking ejectment of the petitioner. Petitioner had tendered his affidavit in his examination-in-chief and had been partly cross-examined on 16.04.2013. Cross-examination of the petitioner was deferred as he was directed to bring the relevant receipt. Both the parties have concluded their evidence. The fact that cross-examination of the petitioner had not been concluded came to the notice of the counsel for the petitioner when he was preparing his case for arguments. Although, petitioner was required to be vigilant but it cannot be imputed that the petitioner did not deliberately appear before the trial court for further cross-examination as he is the main witness. In case cross-examination of the petitioner is not allowed to be concluded, he will suffer an irreparable loss as his statement would not be ready in evidence. During the course of arguments, it has transpired that the case is listed before the trial court on 13.02.2013. Learned counsel for the petitioner has assured that the petitioner will appear before the trial court on the said date for his further cross-examination. 4. Accordingly, this petition is allowed. Impugned order dated 27.01.2014 is set aside. Trial court is directed to allow the petitioner to appear for his further cross-examination on 13.02.2013. Thereafter, the trial court shall further proceed with the case, in accordance with law.