PRAVEEN KUSHWAH Vs. GAJADHAR SINGH

JUDGEMENT

(1.) This present petition under Article 227 of the Constitution of India is filed challenging the order dtd. 30/8/2019 passed by Second Civil Judge, Class II, Gwalior in Case No.15-A/2013, by which an application under Sec. 151 of CPC for granting an opportunity to the petitioners/defendants to get the defendants' witnesses cross-examined by the plaintiff was dismissed.

(2.) The relevant facts to decide the petition are that the respondent No.1/plaintiff filed a suit for recovery of possession against the petitioners/defendants. After completion of plaintiff's evidence, the case was fixed for examination of defendants' witnesses on various dates. The case was fixed on 22/8/2019 for remaining cross-examination of defendant No.2 and on the said date defendant No.2 was absent. The counsel for the defendants filed an application under Order 17 Rule 1 of CPC seeking some time to produce defendant No.2 for cross-examination. The examination in chief of defendant No.2 had already been completed earlier. On 22/8/2019, learned trial Court has rejected the application under Order 17 Rule 1 of CPC filed by the counsel for defendants and fixed the case for final arguments on 30/8/2019. On 30/8/2019, learned counsel for the petitioners/defendants filed an application under Sec. 151 of CPC and prayed to grant an opportunity for further cross-examination of defendant No.2 which was rejected by the order impugned.

(3.) Learned counsel for the petitioners submitted that the order impugned is against the settled principle of law and perverse. He further argued that the order has been passed on technical grounds and pointed out that on earlier occasions, some witnesses of defendant No.2 were present but counsel for the plaintiff has not cross-examined them.