LAWS(UTN)-2007-4-18

RAJ KUMAR Vs. OM PRAKASH SHARMA

Decided On April 02, 2007
RAJ KUMAR Appellant
V/S
Om Prakash Sharma and Ors. Respondents

JUDGEMENT

(1.) LEARNED Counsel for both the parties are ready to argue the writ petition finally today at the admission stage.

(2.) THE Petitioner has preferred this writ petition to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1 -3 -2007 contained in Annexure No. 5 to the writ petition, whereby application No. 59 -C of the opposite party Rajkumar praying for permission to cross -examine the witnesses of the Applicants has been rejected by the Prescribed Authority/Civil Judge (Senior Division), Haridwar.

(3.) THE Petitioner has assailed the impugned order of the Prescribed Authority dated 1 -3 -2007 mainly on the ground that the Petitioner in his application (Annexure No. 3 to the writ petition) has given concrete reasons which necessitated the cross -examination of the witnesses for a just decision because the Respondent No. 1 had concealed material facts from the court in his affidavit and he failed to disclose his other properties apart from the disputed property.