LALIT KHULLAR Vs. SHISH PAL

JUDGEMENT

(1.) This revision petition is directed against order dated 9.2.2010 vide which prayer of the petitioner to recall respondent's witness for cross-examination was declined. This witness was earlier examined and the opportunity was allegedly given to the petitioner who did not cross-examine him.

(2.) Contention of the learned Counsel for the petitioner is that at the time when the said witness was to be cross-examined, the arguing counsel in that case was not available and therefore due to oversight this opportunity has been wasted.

(3.) Prayer of the petitioner has been seriously opposed by the learned Counsel for the respondents on the ground that petitioner's case does not fall within the ambit of Order 8 Rule 17 CPC.