KARTAR SINGH Vs. THAKUR SINGH AND ORS.

JUDGEMENT

(1.) This revision petition is directed against the order dated 19.3.2002 allowing the cross examination by one co -defendant of another co -defendant to the extent of their clash of interest. The order of the Civil Judge reads as under:

(2.) Shri H,S. Bhullar, learned counsel for the plaintiff -petitioner has argued that the impugned order contravenes the provisions of Ss. 137 and 138 of the Indian Evidence Act, 1872 (for brevity 'the Act') because once the co -defendant had filed the written statement without contradicting the stand taken by them, the cross examination of the defendant is not permissible. In support of his submission, the learned counsel has placed reliance on a judgment of this Court in the case of Sadhu Singh v/s. Sant Narain Singh Sewadar and Ors. He has also relied upon another judgment of this Court in the case of Ram Chand v/s. Smt. Hart Devi and Ors., 1987(1) R.L.R. 257 where judgment in Sadhu Singh's case (supra) was also relied upon.

(3.) After hearing the learned counsel, I am of the considered opinion that the impugned order passed by the learned Civil Judge is in consonance with the provisions of Sec. 137 and 138 of the Act and the judgment relied upon by the learned counsel. The Civil Judge is conscious of the fact that cross examination is to be allowed only to the extent of clash of interest of the co -defendant. It has also been taken care of that if at later stage the Court finds that defendants were colluding, the same would be appreciated by the Court at the appropriate stage.