AKUMAL DHIRUMAL BALANI Vs. ARVINDKUMAR RAJENDRABHAI HARIBHAKTI

JUDGEMENT

(1.) This revision application is filed against the judgment and order, dated 24-8-1987 passed by the Second Joint Civil Judge (JD)Baroda, below Exhibit 152 in Regular Civil Suit No. 1317/81. By the said order, the learned judge had refused permission to the petitioner to further cross-examine the witness, Jayantilal Jethalal Shah.

(2.) The witness, Jayantilal Jethalal Shah was examined on behalf of Corporation. After this examination-in-chief, the petioner was permitted to cross-examine and thereafter the opponent No. 4 who is supporting the Municipal Corporation has cross-examined the witness. In the cross-examination by the defendant No. 4, witness has made certain statements for which the petitioner wants to cross-examine him. The learned judge rejected the application of the petitioner solely on the ground that the petitioner has already cross-examined the witness. But, taking into consideration the fact that the opponent No. 4 is supporting the Municipal Corporation, the learned judge ought to have asked the opponent No. 4 to cross-examine the aforesaid witness first and thereafter ought to have directed the petitioner to cross-examine him. If the petitioner is permmitted to cross-examine the witness further, no injustice would be done to the opponent Nos. 2 and 4. Learned advocate appearing on behalf of opponent No. 4 was not in a position to point out how he would be prejudiced, if the petitioner is permitted to cross-examine the said witness.

(3.) In this view of the matter and in the interest of justice, the application of the petitioner requires to be granted.