- (1.) This revision petition is against the order dated 9.1.2014 by which an application filed by the petitioners for allowing them to cross-examine DW1 has been declined.
(2.) The learned trial Court has dismissed the application observing that many opportunities were granted to the plaintiffs to cross-examine the defendant witnesses but they did not choose to cross-examine and ultimately their cross-examination was closed, observing that opportunity granted but nor availed.
(3.) In order to appreciate the facts, some zimini orders are required to be noticed, which are reproduced hereunder: - "Present: Sh. Sukhdev Chand, Adv. Counsel for plaintiff. Sh. V.B. Verma, Adv. Counsel for defendant. DW-1 Jagdev Singh has tendered his examination in chief by way of sworn affidavit. Copy supplied. On request of the ld. Counsel for the plaintiff case is adjourned for 11.11.2013 for DW-1 Jagdev Singh and entire remaining defendant evidence at its own responsibility. DW-1 Jagdev Singh is bound down for said date. Sd/- Lavdeep Hundal CJJD/LDH/24.10.2013" "Present: Sh. Sukhdev Chand, Adv. Counsel for plaintiff. Sh. V.B. Verma, Adv. Counsel for defendant. DW-1 Jagdev Singh is present in Court today for his cross examination but he could not be examined by ld. Counsel for the plaintiff and has requested for an adjournment. On request of ld. Counsel for plaintiff, case is adjourned to 21.11.2013 for cross examination of DW-1 Jagdev Singh and entire remaining defendant evidence at its own responsibility. DW-1 Jagdev Singh is bound down for said date. Sd/- Lavdeep Hundal CJJD/LDH/11.11.2013" "Present: Sh. Sukhdev Chand, Adv. Counsel for plaintiff. Sh. V.B. Verma, Adv. Counsel for defendant. DW-1 Jagdev Singh is present in the Court today for his cross examination but he could not be examined by ld. Counsel for the plaintiff stating that he is not feeling well today and has requested for adjournment. On request of ld. Counsel for plaintiff, case is adjourned to 2.12.2013 for cross examination of DW-1 Jagdev Singh and entire remaining defendant evidence at its own responsibility. DW-1 Jagdev Singh is bound down for said date. Sd/- Lavdeep Hundal CJJD/LDH/21.11.2013" "Present: None. File taken up today as undersigned is going on casual leave for 30.112013 and 2.12.2013 (01.012.2013 is holiday being Sunday) now case adjourned to 23.12.2013 for the purpose already fixed. Parties be informed accordingly. (Lavdeep Hundal) CJ(JD),LDH 29.11.2013" "Present: Sh. Sukhdev Chand, Adv. Counsel for plaintiff. Sh. V.B. Verma, Adv. Counsel for defendant. DW-1 Jagdev Singh is present in the Court today for his cross examination but he could not be examined by the ld. Counsel for the plaintiff and has requeted for adjournment. On request of ld counsel for plaintiff, case is adjourned to 09.01.2014 for cross examination of DW-1 Jagdev Singh subject to payment of cost of Rs. 300/-. DW-1 Jagdev Singh is bound down for said date. No other DW is present today. Sd/- Lavdeep Hundal CJJD/LDH/23.12.2013" "Present: Sh. Sukhdev Chand, Adv. Counsel for plaintiff. Sh. V.B. Verma, Adv. Counsel for defendant. No DW is present in the Court today. Perusal of the file shows that despite granting numerous opportunity including last opportunity had already been granted to the defendant, but the defendant has failed to conclude its evidence till date. The ld. Counsel for the defendant has again requested for an adjournment. In the interest one special opportunity is granted to the defendant to conclude its entire remaining defendant evidence failing which the defendant will be closed by order for 10.4.2014. Long date is given due to rush of work and stream lining of cause list because as per the instruction of Hon'ble High Court priority has to be given to 10. years old cases. Lavdeep Hundal CJJD/LDH/15.2.2014" "Present: Sh. Sukhdev Chand, Adv. Counsel for plaintiff. Sh. V.B. Verma, Adv. Counsel for defendant. No defence witness is present. On request casae is adjourned to 31.5.2014 for DWs if any or for final arguments. Sd/- CJJD/LDH/26.5.2014";