SHIVANAND Vs. KALYANI

JUDGEMENT

(1.) Defendant No.3 in O.S.No.24/2021, on the file of Senior Civil Judge and JMFC, Aland is before this Court challenging the correctness of an order dtd. 26/11/2024, by which, an application filed by him under Sec. 151 of Code of Civil Procedure to recall P.W.1 and P.W.2 for cross-examination was rejected with cost.

(2.) A suit in O.S.No.24/2021 was filed for declaration of title and for perpetual injunction and other reliefs. The suit was contested by defendant No.3. The Trial Court framed issues and set down the case for evidence. The plaintiff examined P.W.1 and P.W.2. Since they were not cross-examined, their cross-examination was treated as nil. Defendant No.3 then filed an application under Sec. 151 of CPC to recall P.W.1 and P.W.2 which was allowed on payment of cost of Rs.1,000.00. However, defendant No.3 did not cross- examine the witnesses and the Trial Court again treated the cross-examination of P.W.1 and P.W.2 as nil. Defendant No.3 again filed another application to recall the said witnesses, which was again rejected in terms of the impugned order. Being aggrieved by the said order, defendant No.3 is before this Court.

(3.) Learned counsel for defendant No.3 contended that defendant No.3 was unwell and therefore, he could not give sufficient instructions to his counsel to cross- examine P.W.1 and P.W.2. He submits that in view of the relief of declaration of title sought for in the suit, an opportunity be granted to defendant No.3 to cross- examine the witnesses for the plaintiff.