RAJINDER SINGH Vs. BHARAT SINGH

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India by the petitioners, assailing order dated 10th August, 2010 passed by Civil Judge, Delhi. Vide impugned order, trial court dismissed the application under Order 18 Rule 17 Read with Section 151 of the Code of Civil Procedure (for short as ,,Code), filed by petitioners seeking permission to recall PW1, PW2 and PW3.

(2.) In 2007, respondent no. 1 (plaintiff in trial court) filed a suit for declaration and permanent injunction against present petitioners (defendants no. 1 and 2 in trial court) and against respondents no. 2 and 3 (defendants no. 3 and 4 in trial court).

(3.) On 17th March, 2010, PW1, PW2 and PW3 tendered their evidence by way of affidavits. Opportunity to cross-examine these witnesses was given but the same was not availed of as apparent from the order sheet which reads as under: