TARLOCHAN SINGH Vs. GURCHARAN SINGH & OTHERS

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 14.3.1990 whereby the application for recalling petitioner Gurcharan Singh for cross-examination was declined.

(2.) Gurcharan Singh has filed a petition under Sec. 25 of the Guardian and Wards Act for the custody of minor daughter of Tarlochan Singh, respondent. In that application Gurcharan Singh appeared as his own witness as PW-4. At that time Tarlochan Singh was in jail and, therefore, was not able to assist his counsel to cross-examine him properly. Later on, he was acquitted by the criminal Court and moved an application that since Gurcharan Singh has made contrary statement as made by him in the Sessions Court be should be recalled for cross-examination. The learned Guardian Judge declined the said application on the ground that the application was aimed at merely delaying the proceedings.

(3.) At the time of motion hearing, it was directed that the proceedings should go on but final decision be not taken.