GURANDITTA MAL Vs. GIAN MITTER

JUDGEMENT

(1.) This revision petition has been filed by Gurditta Mal who was respondent in an application for ejectment, against an order of the Rent Controller dated December 3, 1979. Gian Mitter filed an application for ejectment against Gurditta Mal which was contested by him. On the pleadings of the parties the Rent Controller framed the following issues :-

(2.) After the landlord had completed his evidence, the tenant-respondent examined his witnesses. He partly examined Balwant Rai on December 5, 1978. Then his examination was deferred to various dates. Ultimately he was to be examined on November 8, 1979. On that date counsel for the tenant made a statement before the Rent Controller that he gave up the witness and closed his evidence. Later an application was filed by the landlord that Balwant Rai be summoned and he be allowed to cross-examine him. The learned Rent Controller allowed the application and summoned the witness by the impugned order. The Rent Controller further allowed the landlord to lead evidence in rebuttal vide the same order. The tenant has come up in revision against it to this Court.

(3.) The first contention of Mr. H.L. Sarin, learned counsel for the tenant who is the petitioner, here is that it was the discretion of the counsel for the petitioner to give up Balwant Rai. He submits that after he had given him up the Court could not summon him again for cross-examination. I regret my inability to accept the contention. Once a witnesses is put into the witness-box by either party he cannot be allowed to give up that witness except with the consent of the other party. In the circumstances, I reject the contention of the learned counsel.