JAGAT SINGH AHLUWALIA Vs. SANAT KUMAR DAS

JUDGEMENT

(1.) By way of present revision petition challenge has been made to an order dtd. 7/10/2022 passed by the Court of Civil Judge (Jr. Divn.) Bathinda, whereby, prayer made by respondent No.l/plaintiff vide application dtd. 15/9/2022, permitting him to appear for his own cross-examination besides recording of statement of one another witness namely Anil Kumar has been allowed. Relevant paragraphs from application dtd. 15/9/2022 are reproduced hereunder for reference:

(2.) Having impugned the order dtd. 7/10/2022, It has been contended on behalf of petitioner that the trial Court exceeded its jurisdiction while having allowed the application filed at the instance of respondent No.l/plaintiff in the absence of there being any challenge made to the order dtd. 9/9/2022 whereby, his evidence was closed by the trial Court. He further submits that in fact the passing of impugned order amounts to recalling of the order dtd. 9/9/2022 which as per him was impermissible.

(3.) On the other hand, learned counsel for respondent No.l submits that in fact the impugned order was passed by the Court, keeping in view the substantial rights of the parties and also to do substantial justice.