LAWS(P&H)-2010-5-399

VINOD KUMAR Vs. THE KARNAL IMPROVEMENT TRUST

Decided On May 04, 2010
VINOD KUMAR Appellant
V/S
The Karnal Improvement Trust Respondents

JUDGEMENT

(1.) Vinod Kumar plaintiff has filed the instant revision petition under Art. 227 of the Constitution of India.

(2.) Defendant's witness Mahi Pal Singh was being cross-examined on behalf of the plaintiff. The witness was cross-examined for more than eight hours on three dates of hearing and the cross-examination was running into 29 pages. In spite of direction by the trial court, the plaintiff's counsel did not conclude cross-examination of the witness. On 25.01.2010, the trial court gave time to the plaintiff's counsel to conclude the cross-examination till 12:00 noon, but the plaintiff's counsel failed to do so. Consequently, the trial court i.e. learned Civil Judge (Junior Division), Karnal, vide C. R. No. 2904 of 2010 2 impugned order dated 25.01.2010 (Annexure P-6) closed the cross- examination of the said witness by court order. The plaintiff moved application (Annexure P-7) for review/recall of the said order. The said application has been dismissed vide impugned order dated 01.02.2010 (Annexure P-8) passed by the trial court. In the instant revision petition, orders Annexures P-6 and P-8 have been impugned.

(3.) I have heard learned counsel for the petitioner and perused the case file.