OMKAR RAM Vs. ADITYALAL MUKHARJEE

JUDGEMENT

(1.) DEFENDANT has filed this revision against the order of the trial court refusing to recall a witness for re -examination

(2.) PLAINTIFF -opposite party has instituted Title Suit No. 1/98 in the Court of the Civil Judge (Senior Division), Karanjia, for declaration of tight, title and interest and for confirmation of possession, in the alternative recovery of possession and for permanent injunction. Immediately after cross -examination of d. w. 3 was over, the Petitioner filed an application for recalling d. w. 3 for re -examination. The said petition was supported by an affidavit of the witness himself. It is the case of the Petitioner that during cross -examination, a confused statement had been made in answer to a complex question and the witness was required to be recalled. The aforesaid petition having been rejected, the present Civil Revision has been filed.

(3.) THE learned Counsel appearing for the opposite party has resisted the present Civil Revision and has submitted that the Defendant wants to take away the effect of cross -examination by re -examining the witness. Although counsels for both the parties have advanced lengthy and learned arguments, I do not propose to consider the same keeping in view the limited scope for interference in a Civil Revision. Any discussion regarding the points raised by both parties is likely to prejudice the parties. The order passed by the trial court not being an appealable order can be challenged by the Petitioner in appeal against the ultimate decree of the trial court if the occasion so arises and in such a case, it would be open to the appellate court to consider the question in accordance with law. Therefore, instead of delving into the questions raised, I dispose of the Civil Revision with the observation that it would' be open to the present Petitioner to raise the question of legality of the order dated 24 -11 -1998 in appeal in accordance with the provisions contained in Section 105, Code of Civil Procedure, if the occasion so arises and if such a question is raised, the same shall be considered by the appellate court in accordance with law without being influenced by the fact that Civil Revision against such order has not proved successful.