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Judgment
Alok Singh, J.—Present petition is filed challenging the order dated 1.10.2010 passed by Addl. Civil Judge (Sr. Divn.), Ludhiana whereby cross examination of P Ws was recorded as Nil on behalf of Defendant No. 3.
Learned Counsel for the Petitioner states that on the date either fixed by this Court or by the learned Trial Court, all the P Ws shall be cross-examined.
Learned Counsel for the Respondents-Plaintiffs-caveator has no objection in it. However, he further states that cost should be imposed on the Petitioner-Defendant No. 3. Learned Counsel for the Respondents further states that learned trial Court be directed to expedite the hearing of the suit.
In view of the statement made by learned Counsel for the Respondents, impugned order dated 1.10.2010 is quashed. Learned trial Court shall fix a date for cross-examination of P Ws by Defendant No. 3 and on such date all the P Ws shall be produced by Respondents-caveator for cross-examination by the Petitioner-Defendant No. 3. If, for any reason, cross-examination is not complete on the date so fixed, then learned Court shall be at liberty to hold day-to-day trial or to fix any future date, which is convenient to the Court. However, it is made clear that no further adjournment shall be granted to the Petitioner. Petitioner shall pay cost of Rs. 5000/-to the Respondents on or before the next date so fixed by the trial Court. Learned trial Court is requested to expedite the hearing of the suit and to decide the suit preferably within a year from the date certified copy of this order is placed before the trial Court.
Petition stands disposed of accordingly.