GANGA PRASAD Vs. SHANTI DEVI

JUDGEMENT

(1.) The petitioner is the defendant in a suit for possession. On 5th August, 1991 his examination-in-chief was concluded and thereafter he was cross-examined but only partly. The case was adjourned to 3rd October, 1991 for his remaining cross-examination as well as for his other evidence. Almost after an year, i.e. on July 14, 1992 the defendant moved an application praying that his statement recorded in his cross-examination on August 5, 1991 be expunged on the ground that on that day he was not medically fit being a heart patient and consequently could not give coherent answers to the questions put to him. It so happened that on 20th July, 1992 the learned trial judge by his order closed the evidence of the defendant excepting the statement of the defendant himself. The defendant moved an application for setting aside that order too. The learned Subordinate Judge by his impugned order dismissed both the applications. Hence this revision petition.

(2.) The learned Counsel for the petitioner-defendant has submitted that as on August 5, 1991 the petitioner was medically unfit he was not in a fit state of mind to undergo the rigour of cross-examination and that although he made a request for adjournment the same was turned down and it was only after he had become unconscious that the case was ultimately adjourned to October 3, 1991. It is contended that on account of bad health the petitionerr-defendant could not understand the questions put to him in cross-examination and consequently gave replies which were incoherent. In support my attention has been drawn to copies of the madical record which do go to show that on August 5, 1991 itself the defendant had been admitted in the Hindu Rao Hospital for his heart ailment.

(3.) Needless to say the respondent-plaintiff has denied the allegation. As per him the petitioner was quite hale and hearty and had never made any request for adjournment and that the application for expunging the evidence recorded on August 5, 1991 had been moved only to wriggle out of some admissions made by him in cross-examination.