SANJAY SINGH Vs. PRADEEP

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution, petitioner/defendant No.4 has challenged the orders dated 14/10/2011, 01/11/2011 and 18/11/2011 passed by Third Additional District Judge, Morena in Civil Suit No. 01/11.

(2.) THE trial Court took up the matter on 14/10/2011 at 11 AM and petitioner/defendant No.4 was absent. The matter was again taken up on the same day at 12 PM, when plaintiff and respondents were present. At this stage, plaintiff made certain allegations against the Court and the Court expressed its displeasure and posted the matter on the same date at 1-00 PM. At 1-00 PM, the cross examination of the remaining witnesses of plaintiff was started by defendants No. 1 to 3. Matter was taken up by the trial Court at 3.30 PM and the cross-examination of plaintiff was completed by the defendants No. 1 to 3. The Court recorded that defendant No.4 or his counsel was not present till 4.25 PM and therefore, his right to cross-examine the plaintiff's witness was closed. Thus, the first grievance of the petitioner is that his right to cross-examine the plaintiff witness is erroneously closed down.

(3.) BY order dated 18/11/2011, the Court below has closed the right of defendant No.4 to cross examine the other defence witnesses. In other words, the Court below opined that the present petitioner/defendant No.4 has no right to cross examine the witnesses of co-defendants. These three orders are called in question in this petition.