ATUL KUMAR SINGH Vs. NITISH KUMAR

JUDGEMENT

(1.) The appellant/plaintiff is aggrieved by an order dated 13.11.2019, passed by the learned Single Judge dismissing an application moved by him under Order XVI Rule 1 read with Section 151 CPC praying inter alia that the respondent No.1/defendant No.1 be summoned as a witness in the suit instituted by him on the Original Side of the High Court.

(2.) We may note that this is the second round of orders passed on the subject application. Earlier hereto, vide order dated 08.10.2018, I.A. No.3333/2018 moved by the appellant/plaintiff was decided by the learned Single Judge along with I.A. No. 4210/2018 filed by the respondent No.1 under Order XVIII Rule 4 CPC whereunder permission had been sought from the court for conducting his examination by video conferencing.

(3.) By a common order dated 08.10.2018, both the said applications were disposed of by the learned Single Judge and the respondent No.1/defendant No.1 was permitted to be examined as a witness through video conferencing, at his expenses. A review of the said order was sought by the respondent/defendant No.1 which was disposed of vide order dated 04.12.2018.