VISHWANATH TAKALKHEDE Vs. SURESH DHOBLE

JUDGEMENT

(1.) By this writ petition, the petitioners (original defendants) have challenged orders passed below Exhs.120 and 126. By the application at Exh.120, the respondents (original plaintiffs) sought permission to place on record certain documents attached with the list and by application at Exh.126, the respondents sought permission to adduce additional evidence in the matter.

(2.) The petitioners objected to the prayers made in the application, particularly the prayers made in application at Exh.126 on the ground that since the cross - examination of the witness on behalf of the original plaintiffs i.e. plaintiff No.6 was still underway, at this stage, such an application for permission to adduce additional evidence on behalf of respondents (plaintiffs) could not have been entertained.

(3.) A perusal of the impugned order passed below Exh.126 shows that the Court below had proceeded on the basis that cross - examination of the witness of the plaintiff was completed on 16/07/2019. This is specifically disputed by the petitioners before this Court and copies of the proceedings were brought to the notice of this Court to show that on 16/07/2019, the cross - examination of the witness for plaintiffs was being undertaken on behalf of the respondents (original defendants) and that further cross - examination was deferred. On this basis, it was submitted that the factual premise on which the impugned order was passed below Exh.126, was erroneous and that, therefore, said order deserves to be set aside. It is submitted that such an application could not be entertained by the Court below during the course of cross - examination of the aforesaid witness of the plaintiffs and that it was clearly in violation of the order of recording of evidence, as specified in Section 138 of the Evidence Act, 1872.