(1.) Petitioner is defendant before the learned Trial Court.
(2.) He was granted opportunity to cross-examine the witness of the plaintiff, subject to the imposition of cost.
(3.) However, such cost was not cleared. The defendant rather sought adjournment on the ground that he was unable to engage a new counsel. Keeping in mind the fact that the cost was unpaid, the learned Trial Court closed the right of the defendant to cross-examine the plaintiff and the case was fixed for final arguments as the right to lead any defendant's evidence was also held as not surviving anymore, in view of Sec. 35B CPC.