SYED ASHRAF ALI Vs. ONKAR SINGH

JUDGEMENT

(1.) HEARD the learned Counsel for the parties and also perused the materials on record.

(2.) THIS revision under Section 115 of the Code of Civil Procedure has been brought against the order dated 4.8.2004 passed by the learned Addl. District Judge/JSCC Aligarh in Suit No. 653 of 1995 Syed Asharaf Ali and Ors. v. Onkar Singh and Ors. whereby application 202-C moved on behalf of the plaintiff for recalling the defence witnesses who could not be properly cross-examined on 31.1.2004. It has been contended that the plaintiff witnesses who filed affidavit were declared hostile and so an application was moved on his behalf for permitting other witnesses to be examined but that application was rejected by the Court in September, 2003. As against that orders, civil revision was also preferred. Learned Counsel for the plaintiff was busy in making argument in the aforesaid revision but in the meantime, suit No. 653 of 1995 was taken up by the trial Court for the examination of the defence witnesses. Learned Counsel for the plaintiff preferred cross examination in haste and omitted to put relevant question of law. It has also been mentioned that due to paucity of time and inadvertence of the lawyer, material questions was omitted to be asked from the witnesses. THIS revision was resisted on behalf of the defendant/opposite party. Much emphasis has been laid that it is altogether an inter locutory order and revision is not maintainable. Suffice is to mention that the principle of law enunicated in the case of Shiv Shakti Cooperative Housing Society, Nagpur v. Swraj Developers and Ors., AIR 2003 SC 2434 would not come in the way. In that regard it shall be useful to refer the provisions of Section 115 as amended by THE CODE OF CIVIL PROCEDURE (UTTAR PRADESH AMENDMENT) ACT, 2003 which reads as under: