VIRENDERVIRENDER SINGH Vs. RANBIR SINGH

JUDGEMENT

(1.) Challenge in the present petition is to the order dtd. 6/5/2022 passed by learned Civil Judge (Jr. Divn.), whereby, an application for recalling/re-cross-examination of PW-6 Rajiv Kumar, has been dismissed.

(2.) The essential facts, as culled out from the paperbook are that, initially, respondents-plaintiffs Ranbir Singh and others has filed a suit against Virender-petitioner, for specific performance of an agreement to sell dtd. 27/5/2016, vis-a-vis, land measuring 24 Kanal, as detailed in the headnote of the plaint, copy whereof is Annexure P-1.

(3.) At the stage of the evidence, the plaintiffs had examined one Rajiv Kumar as PW-6 and he was also cross-examined by counsel for the defendant-petitioner on 5/10/2019. Thereafter, on 7/2/2020, an application was filed by the petitioner-defendant, thereby, seeking recalling of the said witness Rajiv Kumar for re-cross-examination. Therein, it was stated that Rajiv Kumar could not be properly cross-examined and he is required to be re-cross-examined, as petitioner-defendant has come to know some new, important and relevant facts, which are necessary for the proper and just adjudication of the case. Also, therein, it was stated that recross-examination will not be prejudice to the respondents-plaintiffs, rather, it shall help the Court in arriving the just decision.