SHANKAR KAPOOR Vs. MANJIT KAUR

JUDGEMENT

(1.) By way of present revision petition, challenge has been made to the order dtd. 30/10/2019 vide which application filed by the petitionerlandlord under Sec. 151 CPC for recalling the witness-Shankar Kapoor who earlier appeared as PW-1, was dismissed.

(2.) Counsel for the petitioners submits that in fact, evidence of Shankar Kapoor was recorded in affirmative evidence at the first instance, and said witness was cross-examined at length by the respondent. It is further submitted that after partly cross-examining the witness-Shankar Kapoor as PW-1, his further cross-examination was deferred on 13/3/2018 on request of the counsel for the respondent. Thereafter, case was adjourned to 4/4/2018 for cross-examination of the said witness and remaining evidence was also called for. On the next date i.e. 4/4/2018, though the Court order shows that no witness was present, yet, presence of petitioner (Shankar Kapoor) can be verified from the signature appended on the order sheet of that date.

(3.) Subsequently, another witness Dipankar Kapoor was also examined as witness No.4, whose evidence was also closed after his cross-examination on 30/4/2019.