SOUBHAGYA MOHANTY Vs. HAREKRUSHNA MOHANTY

JUDGEMENT

(1.) In this writ application, challenge has been made to the Order Dtd 11.11.2009 passed by the Learned Civil Judge (Senior Division), BBSR in Civil Suit No. 595 of 2005 rejecting an application to recall the Plaintiffs' witness for further cross-examination.

(2.) The facts as narrated in the writ application are as follows:

(3.) After considering the plea of the Petitioner & the objection filed by the Plaintiffs, the Trial Court rejected the said application on the ground that the suit is in its fag end of hearing & P.W.1 has been exhaustively cross-examined by the previously engaged Advocate. The newly engaged Advocate filed the application with 16 material points to be asked in the further cross-examination as to possession, partition, state of health, suspension, construction of house respectively. If the Defendant is allowed to recall P.W.1 & ask those questions, it will amount to patching up & covering the lacuna left out after strenuous cross-examination by the previously engaged Advocate. It will cause prejudice to the Plaintiffs. Again de novo trial will begin, as the Plaintiffs will also attempt to counter the adverse materials that may likely arise in the evidence.