- (1.) This defendants' revision is directed against the orders dated October 1st, 2011 passed by Civil Judge (Junior Division), Ludhiana. For facilitation the orders are reproduced as under: Present:Sh. Sudesh Mahajan, Advocate, counsel for the plaintiff. Defendant in person. Case called several times since morning at various intervals, but none has appeared on behalf of defendant to cross examine the witness. Plaintiff Nirmala Devi is herself witness and is present in the Court since morning. As such, in interest of justice, case is ordered to be put up after lunch for cross examination of present witness Nirmala Devi. Present: Sh. Sudesh Mahajan, Advocate, counsel for the plaintiff. Defendant in person. File again taken up after lunch, case again called several times at various intervals, but none has appeared on behalf of defendant to cross examine the witness. Accordingly, cross examination of present PW Nirmala Devi is treated as nil. Opportunity given. Now to come up on 11.11.2011 for evidence of remaining PWs.
(2.) Learned counsel for the petitioners has, inter-alia, urged that the defendant was present in person but on account of non availability of his counsel, the plaintiff could not be cross-examined for which defendant should not suffer.
(3.) In view of above, revision is accepted. Orders under challenge is set-aside. Resultantly, the trial Court is directed to accord one opportunity to the petitioners to cross-examine the plaintiff. If the plaintiff does not appear, Court shall summon her through process of the Court.;