NIRAJ SHARMA Vs. HARVINDER SINGH

JUDGEMENT

(1.) CM No.8736/2016 in CM(M)1040/2016 By the present application the applicant seeks recalling of order dated 17.10.2016 passed by this court by which one final opportunity was granted to the petitioner to cross-examine PW-4 on a date to be fixed by the trial court.

(2.) The petitioner/defendants No.1 to 3 had filed the present petition under Article 227 of the Constitution of India to impugn the order dated 03.09.2016 by which an application filed by the petitioner under Order 18, Rule 17 CPC for recalling of two witnesses, namely, PW-2 and PW-4 for their cross-examination was dismissed. The respondent has filed the present suit for possession.

(3.) This court on 17.10.2016 noted that despite service of advance copy of the petition on the respondents none had chosen to appear for the respondent. The court noted that PW-4 Shri Harvinder Singh is the plaintiff in the suit and that prejudice would be caused to the petitioner(defendants No. 1 to 3) in case he is permitted to cross-examine PW-4. It also noted that an opportunity to cross-examine PW-4 was given to the petitioner only on 14.05.2015 i.e. the one opportunity whereupon the right was closed. Accordingly, limited relief was given to the petitioner permitting the petitioner to cross-examine PW-4 on a date to be fixed by the trial court on which date no adjournment will be taken by the petitioner. This court did grant any relief regarding PW-2.