VINOD KUMAR Vs. RAKESH KUMAR AND ORS.

JUDGEMENT

(1.) LRS of Respondent No. 3 duly served. However, none appeared. Hence, they are proceeded against ex parte.

(2.) THE present revision petition has been filed under Article 227 of the Constitution of India read with Section 151 of Code of Civil Procedure for setting aside impugned order dated 16.05.2009, Annexure P1 passed by learned Civil Judge(Junior Division), Jagadhri vide which cross -examination of witnesses of Respondents -Defendants on behalf of Petitioner -Plaintiff was ordered as nil and subsequent order dated 18.07.2009, Annexure P3 vide which application filed by Petitioner for recalling the Defendants' witness for cross -examination on behalf of Petitioner -Plaintiff was also dismissed.

(3.) IT has been stated by learned Counsel for the Petitioner that affidavits of four witnesses were tendered in evidence for the first time on 16.05.2009 and date was requested on behalf of Petitioner -Plaintiff for cross -examination of the witnesses as counsel was busy in other court and however, without providing opportunity to Petitioner -Plaintiff to cross -examine them, the same was closed. It has also been contended that even counsel for the Defendants had taken two adjournments for cross -examination of witnesses of Plaintiff.