GUNMALA JAIN Vs. PUNAM JAIN

JUDGEMENT

(1.) Cm APPL. 35836/2019

(2.) The witnesses in question were examined by the plaintiffs/respondents as PW-2 & PW-3. The order sheets of the Trial Court record that cross-examination of PW-1 was completed on 11.07.2017 and the matter was listed for remaining evidence on behalf of the plaintiffs on 21.11.2017. On that date, the cross-examination of PW-2 was deferred at the request of learned counsel for the defendants. PW-3 was discharged as he had not brought the summoned records. On the next date of hearing, i.e., 16.01.2018, PW-2 & PW-3 were examined in-chief but their cross-examination was deferred at the request of proxy counsel for the defendants. The examination-in-chief of PW-4 commenced on that date, but remained inconclusive. The order of the Trial Court dated 16.01.2018 recorded that the defendants were given last opportunity to examine PW-2 and PW-3 on 10.04.2018. However, the Bar was on strike on that date and the matter was, therefore, deferred to 10.07.2018. On 10.07.2018, the matter was passed over once, awaiting the counsel for the defendants. As the counsel for the defendants was not available, even on second call, the witnesses were discharged and the right of the defendants to cross-examine PW-2 & PW-3 stood closed. The examination-in-chief of PW-4 was concluded but cross-examination of PW-4 was deferred at the request of the proxy counsel for the defendants. The defendants applied for leave of the Court to cross-examine PW-2 and PW-3, which was allowed on 30.01.2019, with no objection from the plaintiffs.

(3.) The order dated 30.01.2019 is reproduced below: