GAMA PRASAD Vs. LALCHAND

JUDGEMENT

(1.) Heard Mr. S.K. Posti, Senior Advocate, assisted by Mr. Ashutosh Posti, Advocate for the petitioners.

(2.) Petitioners are defendants in Original Suit No. 33 of 1991, which was filed by Mr. Sri Niwas and others (proforma respondents herein) in the Court of learned Civil Judge (Junior Division), Haldwani, District Nainital. The said suit was dismissed by the trial Court, against which plaintiffs to the suit filed a Civil Appeal under Section 96 C.P.C. The Appellate Court remanded the matter to the learned trial Court vide order dated 09.07.2003.

(3.) After remand of the matter, evidence of the parties was led and, after conclusion of evidence, the defendant nos. 1 to 8 & 10 in the suit moved an application seeking permission to cross examine the witness produced by newly impleaded defendant, namely, Mr. Baleshwar Prasad. The said application was rejected by the learned trial Court vide order dated 04.04.2016. Defendant nos. 1 to 8 & 10 in the suit challenged the order dated 04.04.2016 by filing Civil Revision, which was registered as Civil Revision No. 43 of 2016, which was allowed by the Revisional Court i.e. 1st Additional District Judge Haldwani, District Nainital vide judgment & order dated 04.05.2017 and defendant nos. 1 to 8 and 10 were permitted to cross examine Mr. Baleshwar Prasad (D.W.1) and Mr. Bechan (D.W.2) subject to cost of Rs.1,000/-.