GURDIAL SINGH Vs. ARUDATTA TRIOTEX ENGINEERS PVT LTD

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Bubna waives service on behalf of Respondent No.1. Learned counsel for the petitioner (defendant in the suit) states that the respondent no.2 is a formal party; hence, service on respondent No.2 is dispensed with. By consent, taken up for final hearing.

(2.) This petition is directed against an interlocutory order passed by the learned 3 rd Joint Civil Judge, Senior Division (for short "the trial court") granting permission of re examination of its witness (PW 1) to the respondent (plaintiff in the suit). For the sake of convenience the parties are hereinafter referred to as the plaintiff and defendant as per their status in the suit.

(3.) In pursuance of the provisions of Order 18, Rule 4 of the Code of Civil Procedure, as amended by the Amendment Act, 2002, the plaintiff filed an affidavit of Mr. Sunildatta Vasant Borwankar (PW 1) in lieu of examination in chief on 21 st March, 2009. He was cross examined by the defendant on 18 th June, 2009. On the next date i.e. on 18 th July, 2009 the plaintiff made an application that certain ambiguities had arisen in the evidence of PW 1 on account of answers given by him in the cross examination in respect of a letter dated 19 th July, 2001 (Exh.66/1) and therefore, the plaintiff may be permitted the re examination of PW 1 to explain the circumstances under which the letter was issued. The application was resisted by the defendant. After hearing the parties, the trial court by its order dated 11 th August, 2009 allowed the application and granted permission to the plaintiff to re examine Mr. Borwankar (PW 1) with a condition that re examination shall be restricted only to the extent of explaining the circumstances under which the letter dated 19 th July, 2009 was issued. The defendant, thereafter, filed an application for review of the order. By order dated 30 th March, 2010, the review application was dismissed. By this petition, the defendant challenges the original order as well the order passed on the review application.