Jyotsna Khunger vs Sarla Monga And Others
2022 Latest Caselaw 17353 P&H

                             IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                            111+257                                      CR No.2439 of 2019 (O&M)
                                                                         Date of Decision : 20.12.2022


                            Jyotsna Khunger                                                   ....Petitioner

                                                              VERSUS

                            Sarla Monga and Others                                         ....Respondents

                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :    Mr. Sahil Khunger, Advocate for the petitioner.

                                         Mr. Hitesh Ghai, Advocate
                                         for respondent no.1, LRs of respondent nos.2 and 4 and
                                         respondent no.5.

                                         None for respondent no.3.

                            ALKA SARIN, J. (Oral)

The present revision petition has been filed under Article 227 of

the Constitution of India for setting aside the order dated 08.02.2019

whereby the opportunity to cross-examine DW, Anil Sawhney (respondent

no.5 herein), and further to lead evidence has been closed by order.

Learned counsel for the petitioner would state that numerous

applications were filed and the litigation came upto this Court and hence,

there was delay in leading the evidence.

Per contra learned counsel for the respondents has vehemently

contended that numerous opportunities were taken by the petitioner for

leading her evidence, however, she failed to do so. Learned counsel for the

respondent has further pointed out to the zimni orders wherein repeatedly

costs were imposed on the petitioner for failing to lead her evidence.

Heard.

In the present case, vide the impugned order the opportunity to

cross-examine DW, Anil Sawhney, has been treated as nil as also the JITENDER KUMAR 2022.12.21 09:10 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

evidence of defendant no.3 (petitioner herein) has been closed by order. The

present suit pertains to a family dispute and in order to do complete justice

to the parties, I deem it appropriate to grant two effective opportunities to

the defendant-petitioner to cross-examine DW, Anil Sawhney, as well as to

lead her entire evidence at her own responsibility, subject to payment of

Rs.15,000/- as costs to the plaintiff-respondent no.1 and payments of

Rs.30,000/- as costs to the contesting defendants, which shall be apportioned

equally amongst them.

The present revision petition stands disposed off in the above

terms. Pending applications, if any, also stand disposed off.

                                                                                       ( ALKA SARIN )
                            20.12.2022                                                     JUDGE
                            jk

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

JITENDER KUMAR 2022.12.21 09:10 I attest to the accuracy and integrity of this order/judgment.

Chandigarh