GORDHAN Vs. PREM NATH GUPTA AND OTHERS

JUDGEMENT

(1.) The only grievance which has been raised by the learned counsel for the petitioner is that respondent No.1 was examined by a Local Commissioner but for some reason the petitioner could not cross-examine the said witness. He thus prays that if one opportunity is granted to him, he will conclude the cross-examination of the witness in the manner which may be suggested by the trial Court.

(2.) Learned counsel for respondents No.1 and 2 has raised serious objection to this request. He has stated that the Local Commissioner had given prior intimation to the petitioner to be present at the time of recording of the evidence of respondent No.1 but he failed to seize this opportunity and consequently no further indulgence can be shown to the petitioner.

(3.) After hearing the learned counsel for the parties and noticing the limited prayer and also noticing the fact that equitable justice can be ensured by compensating the other side with costs, I deem it appropriate to accept the prayer of the petitioner and direct that the petitioner will be permitted to cross-examine respondent No.1 and for this purpose he shall be granted one effective opportunity on the date fixed and the trial court shall ensure that no other opportunity is granted to him. The impugned order is set aside subject to payment of Rs.5,000/- as costs.