SNEH LATA Vs. SANDEEP KUMAR JINDAL AND ORS.

JUDGEMENT

(1.) A suit for specific performance of agreement dated 14.5.2005 entered between the plaintiff, respondent herein, and Raj Kumar (since deceased) and represented by his daughter Smt. Sneh Lata, petitioner herein, as his legal representative, is pending adjudication before Additional Civil Judge (Senior Division), Sangrur.

(2.) During the course of leading of evidence by the plaintiff, respondent herein, he was being cross-examined as PW4 by the defendants. During such cross-examination, it came to the notice of the lower court that document exhibited in his examination-in-chief regarding which crossexamination of the plaintiff was being effected by the defendants, was incomplete. As the plaintiff had not exhibited the complete document in examination-in-chief, further cross-examination of the plaintiff could not proceed. Though request was made by the plaintiff to produce complete document on record but such request was declined by the court holding that the plaintiff cannot produce the document during his cross-examination. However, permission of re-examination of the witness was granted. On reexamination, complete document was produced and remaining crossexamination was deferred for 23.1.2012.

(3.) This order of the lower court vide which re-examination of plaintiff Sandeep Kumar as his own witness was allowed in the circumstances discussed above, is under challenge in this revision petition, wherein it is claimed that earlier to completion of cross-examination of the witness, re-examination could not have been permitted and thus, order of the lower court has caused great prejudice to the defendants.