MAHABIR Vs. MEHRU SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 26/4/2024 (Annexure P-1) passed by the Civil Judge (Senior Division), Bhiwani whereby the application filed by the defendant-petitioner for recalling the plaintiff witnesses i.e. PW-2 Nehru Singh, PW-3 Desh Raj and PW-4 Jaipal for further cross-examination was dismissed.

(2.) Brief facts relevant to the present lis are that the plaintiffrespondent herein filed a suit for specific performance. After the pleadings were completed, the plaintiff-respondent concluded his evidence on 30/3/2019 and the defendant-petitioner herein concluded his evidence on 12/1/2023. Subsequently, the present application was filed for recalling the aforesaid witnesses of the plaintiff-respondent for further cross-examination. On 26/4/2024 the said application was dismissed vide the impugned order. Hence, the present revision petition.

(3.) Learned counsel for the defendant-petitioner would contend that there are certain questions which were not put to the witnesses of the plaintiff-respondent by the counsel representing the defendant-petitioner at that point of time and that certain material question suggestions are essential which need to be put to the said witnesses of the plaintiff-respondent.