SANJEEV ARORA Vs. MANOHAR LAL DUBEY

JUDGEMENT

(1.) By this petition, the petitioners have assailed order dated 28th January, 2010 whereby an application of the petitioners under Order 47 read with Section 151 CPC for review of order dated 27th October, 2009 was dismissed. The contention of the petitioners is that the learned trial court wrongly recorded the proceedings of 27th October, 2009 and thereafter refused to recall the order.

(2.) A perusal of order dated 27th October, 2009 shows that on that day, the matter was listed for plaintiff's evidence. Two witnesses of the plaintiff, namely, PW-1 Ramakant and PW-2 Ravi Shankar, were present. In the morning when the case was called, counsel for defendants/petitioners was present and she was directed to cross-examine the witness. Affidavits of both the plaintiff witnesses were tendered in evidence as examination-in- chief, however, on request of counsel for the petitioners/defendants, the matter was kept pending till 12:30 p.m. When the matter was again recalled at 12:30 p.m., it was reported to the court that counsel for the petitioners had left for attending another case in Noida, U.P. The court, therefore, closed the right of the defendants to cross-examine PW-1 and PW-2.

(3.) In the review application, counsel alleged that the court did not record the proceedings correctly. She alleged that in the morning when the case was called, she appeared along with her client and the trial court directed the parties as well as their counsels to appear at 11:30 a.m. for recording evidence of witnesses. She made a request to record the evidence in the morning itself or to adjourn the suit for 2 p.m. as she had to attend a case before District Judge, Noida. The trial court did not pay heed to her request and passed over the case for 11:30 a.m. In the meantime, she received a phone call from Noida Court client and left the court in haste. At 11:30 a.m., when the petitioners' representative made a request to the court to pass over the matter for 2 p.m., the court recorded examination-in-chief of the witness without paying any heed to the request made by the petitioners of passing over the matter for 2 p.m. and closed the cross-examination at 12:30 p.m.