PAWAN KUMAR GUPTA Vs. BHUPENDER JAIN

JUDGEMENT

(1.) This petition is directed against the order dated 15th March, 2004, of the Additional District Judge in Suit No. 206/2002, where by the learned Judge has dismissed the application of the petitioner under Order 18 Rule 17 and under Order 16 Rule 14 CPC for re-examining of DW, Bhupinder Jain as he was required to be contradicted after summoning relevant record from Aluminum Wires Drawers Association to confront him and show that defendant No.1 acting for defendant no.3 became member of Aluminum Wires Drawers Association.

(2.) It is contended by counsel for the petitioners that to a question whether the DW, Bhupinder Jain knew Sant Lal, the witness completely denied any relationship and/or knowledge of a person known by the name of Sant lal. To show that the witness is not telling the truth, he wants to confront him with certain relevant record where Sant lal is alleged to have sponsored the name of DW as a member of that Association. He submits that in view thereof it is necessary to recall and re-examine DW Bhupinder Jain and also summon relevant records from the Aluminium Wires Drawers Association.

(3.) Counsel for the respondents on the other hand contends that this cross-examination is relevant in view of what is sought to be proved and that even if it is shown that Bhupinder Jain knew Sant Lal the same would be Irrelevant.