TARSEM KAUR Vs. JAVED ALI

JUDGEMENT

(1.) Dismissal of application under Order XVIII Rule 17 CPC of the defendant, petitioner herein, for recalling of witness Javed Ali, respondent herein for his further cross-examination in order to seek further clarification from the witness, forms genesis of this revision petition.

(2.) Suit for specific performance of agreement dated 24.10.2007 in respect of the suit land and in the alternative for recovery of Rs.11,50,000/-, is pending adjudication before the lower court since 4.2.2009. After conclusion of evidence by the parties, the same is at the stage of final adjudication.

(3.) To sustain her claim, the petitioner-defendant wants to further cross-examine respondent-plaintiff Javed Ali, who had already been cross-examined by the petitioner-defendant at length. On denial of his signatures by plaintiff Javed Ali on document Ex.DW2/1 produced by the petitioner-defendant in her evidence, she had already examined handwriting expert who had proved his report to the effect that signatures and thumb impressions of respondent-plaintiff Javed Ali are there on agreement Ex.DW2/1 as also on agreement Ex.P1.