GOPAL DAS RAINWAL Vs. DIPIKA JAIN

JUDGEMENT

(1.) HEARD .

(2.) THIS petition is filed by the defendant under Article 227 of the Constitution of India, challenging the orders dated 7th and 12th January, 2009, passed by X Civil Judge, Class-I, Gwalior in Civil Suit No. 138- A/2004, whereby the Court has issued an order, rejecting the prayer of the present petitioner to cross-examine one of the witnesses, namely, Vinod Kumar Agrawal, whose affidavit is filed by the respondent-plaintiff.

(3.) ONCE , the plaintiff has filed an affidavit of Vinod Kumar for examination-in-chief, it is right of the defendant for cross-examination. If the said witness is not tendered for cross-examination by the plaintiff then an adverse inference should be drawn against the plaintiff for not tendering the said witness in the cross-examination.