TARUN NAGPAL Vs. AUTO INCLINE

JUDGEMENT

(1.) Petitioner impugns order dated 16.01.2018, whereby, the application of the petitioner under Order 18 seeking recall of PW1 has been dismissed.

(2.) Petitioner had filed the subject suit for recovery of money. PW1 - petitioner was under cross-examination and the matter was adjourned to 22.12.2016. On 22.12.2016, petitioner was present in Court at 10 am, when the matter was called and informed the Court that his counsel had gone to the High Court and could not reach the Court before 11 am. The Court granted a pass over to the petitioner till 10:30 am with a direction to contact his lawyer and apprise the Court the possibility of his counsel coming earlier. The matter was once again called at 10:45 am when the petitioner was not present and then it was deferred to 11 am. Thereafter it was called at 11 am and then deferred to 11:15 am. At 11:20 am, the Court noticed that none had appeared for the petitioner despite the matter being called several times. The right of the petitioner to cross-examine was closed and his testimony was struck off.

(3.) Order sheet of 22.12.2016 notes another entry at 11:25 am wherein the presence of the counsel as well as the petitioner is noted. It records that the petitioner had informed the Court that he was waiting for his counsel at gate No.1 of the Court Premises and as such could not appear.