LAWS(DLH)-2008-8-226

JASBIR SINGH Vs. TARANJIT SINGH

Decided On August 27, 2008
JASBIR SINGH Appellant
V/S
TARANJIT SINGH Respondents

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been preferred against an order dated 3rd February, 2006 whereby an application made by the petitioner under Order 18 Rule 17 CPC was dismissed by the Trial court.

(2.) THE case before the Trial Court was fixed for evidence of the witnesses on 20th October, 2002. Three witnesses were present namely PW-1, PW-2 and PW-3. They were examined in chief in presence of the counsel for the petitioner, Mr. Ravi Chaturvedi. The witnesses, after examination in chief were tendered for cross examination but petitioner's counsel refused to cross examine them, therefore, the cross examination was recorded nil. Thereafter, the petitioner made an application for recalling the same very witnesses for cross examination on the ground that on 28th October, 2002, only proxy counsel for petitioner was present and main counsel was not present and therefore the witnesses could not be cross examined for this reason and they should be recalled.

(3.) THE Trial Court after perusal of the record found that Mr. Ravi chaturvedi was the counsel for the petitioner. His Vakalatnama was on record. The plea that he was merely a proxy counsel was a false plea and therefore this plea was not available to the petitioner. The other ground taken by the petitioner was that the examination in chief of the witnesses was to be recorded by way of affidavit and in this case affidavits were not filed and witnesses were directly examined in the Court and this procedure was not as per law. The witnesses should therefore be recalled. This plea was also rejected by the trial Court.