B.D. AHUJA Vs. VIPAN AGGARWAL

JUDGEMENT

(1.) This petition by defendant No.2 in Com.O.S.No.533/2020 on the file of the LXXXVII Addl. City Civil & Sessions Judge, Bengaluru (for short, the 'Commercial Court') is directed against the impugned order dtd. 3/7/2023 passed on I.A.Nos.20 and 21 whereby the said applications filed by the petitioner for permission to reopen the case, to recall DW2 and for permission to cross-examine him by the petitioner was rejected by the Commercial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondent No.1 and perused the material on record.

(3.) The material on record discloses that respondent No.1 - plaintiff has instituted the aforesaid suit against the petitioner - defendant No.2 and respondent Nos.2 and 3 - defendant Nos.1 and 3 for possession of the suit schedule premises and for other reliefs. In the said suit, which is being contested by the petitioner - defendant No.1, a witness, Smt. Poonam Agarwal was examined as DW2 on behalf of defendant Nos.1 and 3 and was not cross- examined by the petitioner. Subsequently, the petitioner filed the instant applications - I.A.Nos.20 and 21 seeking to reopen the case and for permission to cross-examine DW2 and the said applications having been opposed by respondent No.1 - plaintiff, the Trial Court proceeded to pass the impugned order rejecting the applications, aggrieved by which, the petitioner is before this Court by way of the present petition.