GURJIT KAUR Vs. JAGJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 8/3/2018 (Annexure P-3) whereby the Trial Court has allowed the re-examination of PW1-Gurjit Kaur and PW3-Jagtar Singh on the ground that material questions remained to be put to the said witnesses.

(2.) Learned counsel for the plaintiff-petitioners would contend that the application for recalling PW1 and PW3 for re-examination has been permitted on grounds which are beyond the scope of Order 18 Rule 17 of the Code of Civil Procedure, 1908.

(3.) Per contra, learned counsel for the defendant-respondent has contended that no prejudice would be caused to the plaintiff-petitioners in case the witnesses are recalled for cross-examination. It is further the contention that when the witnesses were cross-examined earlier, some material questions remained to be put to the witnesses and, hence, it was necessary to recall the witnesses for further cross-examination.