M.A. ZAFAR, J.- Respondent filed a suit fo declaration and mandatory injunction which is pending in th< Court of learned Civil Judge, Rawalpindi. Petitioner entered appearance and filed written statement and the learned Trie Court after framing the issues fixed the case fo plaintiff/respondent No. 1 evidence. On 10.10.2005 plaintiff statement was recorded as PW-1 and case was adjourned for his cross-examination. On certain dates the said witness appeared for his cross-examination but the matter wa adjourned at the request of the petitioner/defendant for on reason or the other and ultimately the learned Civil Judg vide orders dated 6.03.2007 closed the right of cross examination of the petitioner in respect of the said witness.
2. That the petitioner did not challenge the order dated 6.03.2007 by filling the revision petition but opted to file review application before the learned Civil Judge which was dismissed by him vide orders dated 2.05.2008.
3. Feeling aggrieved from the aforesaid order passed by the learned Civil Judge, Rawalpindi petitioner file a revision petition which was finally decided by the learned Addl: District Judge, Rawalpindi who vide orders date 2.08.2008 was pleased to dismiss the same.
4. Learned counsel for the parties addressed the arguments at the some length in support of their respective contentions and thereafter it was agreed between the part that one opportunity may be given to the petitioner to cross examine PW-1. Dr. Col.(Retd.) Mr. Afzal Kiani subject t payment of heavy cost.
5. In view of the statement made by the learned counsel for the respondent No. 1 the impugned orders date 2.05.2008 and 2.08.2008 passed by the learned Civil Judge and the Add!: District Judge, Rawalpindi respectively again the closing the right of the petitioner to cross-examine th plaintiff/PW-1 are set aside the subject to payment of Rs. 5,000/-as costs and the petitioner/defendant is only give one opportunity to cross-examine respondent No. 1/plaintiff The parties are directed to appear before the learned Trial Court on 20.12.2008 on the said date respondent No. Should be available for his cross-examination by the other Side.