JAGDISH Vs. RAMSEVAK BANDIL

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India by defendant No.1 is directed against the order dated 20/12/2016 passed in civil suit No.5A/2014 by the trial Court. The trial Court has closed the right of cross-examination, on plaintiff.

(2.) Upon perusal of the order impugned, it appears that the petitioner/defendant No.1 instead of conducting cross-examination on plaintiff sought time to move the High Court against the earlier order of the trial Court dated 16/12/2016. The trial Court did not acceed to the aforesaid prayer and rejected the application filed under section 151 CPC. Consequently, the right for cross-examination on plaintiff has also been closed.

(3.) Shri V.K. Bhardwaj, learned senior counsel contends that merely for the reason that time was sought to question the order passed by the trail Court dated 16/12/2016 in the High Court, this by itself ought not to have been treated as frivolous prayer and in all fairness, time should have been granted as the defendant/petitioner intend to challenge the legality, validity and propriety of the aforesaid order. It is submitted that as the right to cross-examination is a valuable right, the same cannot be denied for the reason stated in the impugned order. Learned senior counsel submits that the suit was filed in the year 201 The defendant has filed written statement in the month of June, 2014 and thereafter, the defendant has all along been participating in the proceedings. Therefore, the trial Court has committed illegality while closing the right of cross-examination on plaintiff.