GHANSHYAM DAS Vs. CHHOTELAL

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order (Annexure P/3) whereby petitioner's application seeking permission to cross -examine the plaintiff is disallowed by the court below.

(2.) In a suit filed by the plaintiff, the petitioner / defendant No.1 entered appearance and filed his written statement. The matter was fixed for plaintiff's evidence on 12.01.2000. The plaintiff's examination in chief was over in the first half of the day. The petitioner counsel before the court below stated that he has to attend a matter before the High Court and he will come back for cross -examination after lunch hours. The matter was taken up after lunch. The petitioner did not appear and, therefore, the court below closed the right of cross - examination of plaintiff. Against this, application under Section 151 C.P.C. dated 13.01.2000 (Annexure P/2) was filed. This application was disallowed by the court below on the ground that there is no power under the CPC to recall the order which has already been passed. Against this order, present petition is filed.

(3.) Shri Vikas Singhal, Advocate for the petitioner, submits that on 12.01.2000 the suit was for the first time fixed for plaintiff's evidence. On the first date, petitioner's right to cross -examine the plaintiff was closed which is improper and court below should have allowed application Annexure P/3.