LAWS(ALL)-1983-5-56

RAM AUTAR Vs. MST. DILRAJI AND ANR.

Decided On May 17, 1983
RAM AUTAR Appellant
V/S
Mst. Dilraji Respondents

JUDGEMENT

(1.) THIS revision petition has been directed against the order of the Civil Judge, Jaunpur, dated 21 -5 -1982 in Misc. Case No. 72 of 1980 Mst. Dilraji v. Ram Autar.

(2.) THE applicants' prayer for cross -examining the Plaintiff opposite party has been refused by the learned Civil Judge through the impugned order. The learned Civil Judge has expressed himself as below:

(3.) THE learned Counsel for the contesting opposite party has submitted in reply that the application moved by the Defendant applicant was only with a view to delay the proceedings and it was with a malafide Intention, hence the same was rightly rejected by the subordinate court. He has tried to support the impugned judgment. The learned Counsel for the Petitioner has contended that the Plaintiff opposite party is not a real person behind the litigation and unless the Defendant applicant gets an opportunity to cross -examine, the real facts cannot come before the Court and the question would be decided arbitrarily.