JUGAL KISHOR RATNU Vs. MEENA TEVARY

JUDGEMENT

(1.) IA No.2912/2014 (u/S 154 Evidence Act)

(2.) The instant IA has been filed by the plaintiff to seek permission of the court to recall and cross-examine PW-5 (Dr.Rajiv Agarwal) and to put questions to him under Section 154 of the Evidence Act. Contesting it, the defendants have stated that the application is an abuse of the process of the court and deserves to be dismissed. The plaintiff intends to seek permission to cross-examine his own witness PW- 5 (Dr.Rajiv Agarwal) which is not permissible. Section 154 Evidence Act is not applicable to the present civil proceedings. It can be availed only in criminal proceedings and that too when the prosecution witness turns hostile. In the instant case PW-5 (Dr.Rajiv Agarwal) did not turn hostile. He has proved the medical certificates issued by him without deviation. The document (Ex.PW-5/D-1) already on record was in the knowledge of the plaintiff. The witness has given true account and has admitted issuance of both the medical certificates in the discharge of official duties. PW-5 (Dr.Rajiv Agarwal) cannot be considered or taken a "hostile" witness.

(3.) Learned counsel for the plaintiff urged that PW-5 (Dr.Rajiv Agarwal) requires to be recalled to put questions regarding issuance of subsequent medical certificate (Ex.PW-5/D-1). The plaintiff would not get any opportunity to ask questions from him about the circumstances in which document Ex.PW-5/D-1 was issued as the defendants would not summon him in their evidence to prove the said document.