ARCHANA SAXENA Vs. JAIKRISHNA PURANIK

JUDGEMENT

(1.) THE petitioners have filed this petition being aggrieved by the order dated 22 -2 -2014, passed by 3rd Civil Judge Class -II, Chhatarpur, in C.S. No. 21 -A/2011 by which the petitioners' application under Section 141 of the C.P.C. seeking permission to cross examine Rajkumar (DW -6), who is the witness of defendants No. 4 to 7, has been rejected on the ground that the said defendants have in fact supported the petitioners and there is collusion between them and in such circumstances as there is no difference in the stand taken by the parties, no fruitful purpose would be achieved by permitting cross examination of the witness.

(2.) LEARNED counsel appearing for the petitioners, by placing the statement of Rajkumar on record has pointed out that the said witness Rajkumar, in the second last sentence of paragraph 42 of his statement has stated that the petitioner knew that the land had already been sold to the respondent. This statement, it is stated is against the stand taken by the petitioners and, therefore, they are entitled to cross examine this witness. It is stated that the Court below has failed to take into consideration the aforesaid aspect while passing the impugned order.

(3.) HAVING heard the learned counsel appearing for the parties and after perusing the record, it is observed that on reading the statement of Rajkumar (DW -6) it is apparent that the finding recorded by the Court below that there is nothing against the petitioners in the statement warranting cross examination is perverse.