SAURASHTRA CEMENT LIMITED Vs. PANKAJKUMAR SANKALCHAND PATEL

JUDGEMENT

(1.) This petition is filed under Article 226 and 227 of the Constitution of India challenging the order passed below Exhibit- 284 dtd. 1/1/2022 passed by 9 th Additional Senior Civil Judge, Gandhinagar, in Special Civil Suit No. 136 of 2008, whereby the application Exhibit-284 praying for a direction by the Court to defendant No. 3 for the purpose of cross-examining him on a particular day by issuing summons, came to be rejected. Since controversy involved in this case is in a narrow compass and on a particular issue whether any party to the suit can request the Court to direct the other party to offer himself for the purpose of cross-examining him or not detailed discussion of a case before the lower Court as prayed for in the suit and other details are not necessary to be narrated in this decision.

(2.) Heard Mr. Rasesh S. Sanjanwala, Senior Advocate learned Counsel, assisted by Mr. Nikunt K. Raval, learned advocate for the petitioner.

(3.) As against that, Mr. K.V. Shelat, learned advocate for the respondents - defendants, submitted that invoking provisions of Order XVI Rule 1 of "the Code" is thoroughly misconceived.