INTELLIGENCE SECURITY GUARDS SERVICES Vs. RAMRAO VITHALRAO KAPSE

JUDGEMENT

(1.) Since, the controversy involved in both the petitions is identical, they are being disposed of by this common judgment. Rule in both the petitions. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioner is defendant in Regular Civil Suit No.4349/2001 which came to be filed by the respondent for recovery of salary dues. The respondent has examined himself and was crossexamined by the petitioner. At this stage, the petitioner found a letter dated 17.07.2000, issued by it to the respondent. This letter was about the outstanding payment against furniture to the respondent. The petitioner, thereafter, preferred two applications namely application at Exh.-47 and Exh.-49. The application at Exh. 47 was for permission to file the above said document namely letter dated 17.07.2000 on record and application at Exh.-49 was under Order XVIII Rule 17 of the Code Of Civil Procedure for recalling the respondent's witness.

(3.) The respondent, thereafter, filed application at Exh.-51 for review of the orders passed below application Exh.-47 and 49. On 14.09.2006, the respondent filed another application at Exh.-53 pointing out that the petitioners have not deposited the cost of Rs. 100/- and Rs. 250/-. The Court allowed the respondent's application at Exh.-53 thereby setting aside the orders at Exh.-47 and 49. This order passed by the learned Judge on 14.09.2006 below application at Exh.-53 filed by the respondent is challenged by filing Writ Petition No. 5649/2006.