KAMALJIT SINGH Vs. SHIV DEV SINGH

JUDGEMENT

(1.) This order will dispose of Civil Revision No.2953 of 2016 and Civil Revision No.7320 of 2018, as they broadly relate to the same issue arising out of orders passed by the trial Court.

(2.) Petitioner in CR-2953-2016 prays that the order dated 23.2.2016 (Annex P3) passed by the trial Court be set aside and the defendants be permitted to cross-examine the official witnesses PW2 and PW3. The pith and substance of the petition is that the examination-in- chief of the said witnesses was conducted in 2009 and they were partly examined. Thereafter, the cross-examination was deferred because an application under Order 7 Rule 11 CPC was filed by the defendants which was decided in 2014. After the dismissal of the application under Order 7 Rule 11 CPC, the plaintiff in CR-2953-2016 completed and closed his evidence in the affirmative by tendering certain documents on 28.2.2014. Defendants led and closed their evidence and the case was put up for final hearing. It is said that the arguments were heard by the trial Court but in the meanwhile an application under Order 18 Rule 17 CPC had been filed which was disallowed vide impugned order dated 23.2.2016.

(3.) Similarly, the petitioner in CR-7320-2018 also filed an application before the trial Court for further cross-examination of the plaintiff. This application has also been disallowed by the impugned order dated 4.5.2016.