SMT. NAGAMMA Vs. SMT. RUKMINIYAMMA

JUDGEMENT

(1.) The petitioner, who is the defendant in a suit for injunction (O.S.No.5830/2007) and has also filed a counter-claim seeking declaration against the title claim of the plaintiff, has questioned, by way of this petition, the order dated 22.09.2014 in the said suit, whereby the Trial Court has declined the application -I.A.No.XX that was moved seeking permission to cross-examine the plaintiff -P.W.1. The short impugned order dated 22.09.2014 reads as under:-

(2.) It is noticed that the suit, as filed by the plaintiff/respondent, was dismissed for non-prosecution on 06.06.2013 and the matter is being proceeded now for adjudication of the counter-claim made by the petitioner.

(3.) Perusal of the record also makes out that the defendant/petitioner had, of course, been given several opportunities in the past to cross-examine the plaintiff -P.W.1; and for the purpose, the matter was adjourned on the earlier occasion on costs of Rs. 400/- and then, was again adjourned on 27.08.2014 on further costs of Rs. 500/-. Yet, the plaintiff - P.W.1 was cross-examined even on the next date i.e., 10.09.2014 and hence, the Court proceeded to take the cross-examination of P.W.1 as nil and the evidence of the plaintiff was closed. Thereafter, when the matter was posted for the defendant's evidence on 22.09.2014, the application aforesaid was filed and was rejected the same day.