GIRRAJ BANSAL Vs. OMPRAKASH AGRAWAL

JUDGEMENT

(1.) Heard. Being aggrieved by the order dated 18-7-2011 passed by First Additional Civil Judge Class II, Gwalior in Civil Suit No. 45-A/2008, whereby the application filed by the petitioner for further cross-examination of the plaintiff was dismissed, the present petition has been filed.

(2.) Short facts of the case are that the respondents filed a suit for eviction which was contested by the petitioner. After completing the statement of the respondents, certain documents were filed by the petitioner. Thereafter, an application was filed for further cross-examination. Hence, this petition. It is submitted that the impugned order is illegal, incorrect and deserves to be set aside. It is submitted that there was no delay on the part of the petitioner as the documents were already on record in spite of that the Court below has observed that the application was filed with delay. It is submitted that petition be allowed.

(3.) Learned Counsel for the respondents submits that delaying tactics are being used by the petitioner. It is submitted that the documents were filed. Learned Counsel for the respondents placed reliance on a decision of the Apex Court in the matter of Vadiraj Naggappa Vernekar Vs. Sharad Chand Prabhakar Gogate, 2009 AIR(SC) 1604 wherein the witnesses were examined by way of affidavit evidence. The Apex Court held that recalling of such witness for giving further evidence regarding facts not mentioned in the affidavit is not permissible. It is submitted that the petition be dismissed.