SURESH KUMAR YADAV Vs. SEEMA YADAV

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed challenging the impugned order dtd. 6/4/2019 (Annexure P-10) whereby the application filed by the defendant-petitioners for recalling the plaintiff-respondent for further cross-examination has been dismissed.

(2.) The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for permanent as well as mandatory injunction. The plaintiff-respondent filed her affidavit in evidence and thereafter was cross-examined on 22/11/2016 by the counsel for the defendant-petitioners. Subsequently, on 28/1/2019, an application was filed by the defendant-petitioners, at the stage of defence evidence, for recalling the plaintiff-respondent for further cross-examination on the ground that the defendant petitioner No.1 himself is a practicing lawyer at this Court and hence he could not go to Gurgaon at the time of the cross-examination. It is to be noted that detailed cross-examination of the said witness i.e. plaintiff-respondent was conducted on 22/11/2016. The said application was dismissed vide the impugned order dtd. 6/4/2019. Hence, the present revision petition.

(3.) Learned counsel for the defendant-petitioners would contend that certain material questions which were required to be put to the said witness (PW1) were not put at the time of the cross-examination and hence it was necessary to recall the said witness under the provisions of Order 18 Rule 17 of the Code of Civil Procedure, 1908 (CPC).