GURJANT SINGH Vs. JATINDER PAL SINGH

JUDGEMENT

(1.) Defendant no. 2 Gurjant Singh has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India assailing order dated 31.08.2012 passed by the trial court, thereby dismissing application (Annexure P-5) filed by the petitioner. Suit has been filed by respondent no. 1 - plaintiff Jatinder Pal Singh against respondent no. 2 as defendant no. 1 - Kaka Singh @ Harvinder Singh and against petitioner Gurjant Singh as defendant no. 2 vide plaint (Annexure P-1) inter alia challenging sale deed dated 11.01.2006 executed by defendant no. 1 as attorney of the plaintiff in favour of defendant no. 2.

(2.) Defendant no. 1 appeared as DW-4 and tendered his affidavit of examination-in-chief on 19.01.2012 and his cross-examination was deferred. Defendant no. 1 was cross-examined by counsel for the plaintiff on 16.03.2012. Thereafter, defendant no. 2-petitioner filed application dated 29.05.2012 (Annexure P-5) seeking recall of defendant no. 1 for cross-examination by defendant no. 2 alleging that defendant no. 2 in his written statement (Annexure P-2) has alleged collusion of plaintiff with defendant no.1, and therefore, it was necessary to provide opportunity to defendant no. 2 to cross-examine defendant no. 1, but no such opportunity was given to defendant no. 2.

(3.) The plaintiff, by filing reply (Annexure P-6), opposed the application and controverted the averments made therein.