PYARELAL SAKSERIA Vs. DEVISHANKAR PARASHAR

JUDGEMENT

(1.) This revision is directed against the order dated 15-4-1993 of the Rent Controlling Authority, Indore. Passed in Misc. Case No. A 90 (7) 28/92, whereby the applicant-tenant's prayer for framing of additional issues and also of his right of cross examination of one witness Kasturibai have been refused.

(2.) Brief history of the case is that non-applicant landlord filed a suit before the Rent Controlling Authority, with an assertion that he bonafide requires the suit accommodation for his own residence. This contention of the landlord was refuted by the applicant-tenant. Thereafter the case was fixed for evidence on 15-4-1993.

(3.) The tenant (applicant here) filed an application under O. 14, R. 5 of the C.P.C. for framing of Additional Issues. Additional issues were framed. However, it was not in the words as desired by the tenant. Thereafter the landlord who himself appeared as a witness was examined, Kasturibai, who is said to be the original landlord was also examined. Learned counsel for the tenant-applicant wanted time for cross-examination. That was refused, so far as cross-exam. of Kasturibai is concerned, as she is an old lady and was coming from Bhopal. However plaintiff's cross-examination was postponed. Hence this revision.