DIDAR SINGH Vs. RIPUDAMAN SINGH

JUDGEMENT

(1.) Present revision petition has been filed challenging order dtd. 3/2/2025 whereby application filed by the petitioner (defendant No.5) under Order XVIII Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 for recalling the witness PW-7 Dr. B.L. Goyal for further cross-examination, has been dismissed.

(2.) The brief facts relevant to the present lis are that the plaintiffrespondent No.1 filed a suit for declaration to the effect that he was owner in possession to the extent of 1/4th share of land as fully described in the plaint. Further challenge was to the sale deed executed by deceased - Harbans Kaur - in favour of defendant No.1 as also the sale deed executed by defendant No.4 being attorney of defendant No.2 in favour of defendant Nos.5 and 6. Dr. B.L. Goyal, retired Director, Mental Hospital as well as retired Principal, Government Medical College, Amritsar stepped into the witness-box as PW-7 on behalf of plaintiff-respondent No.1. He was examined on 15/1/2024 and was cross-examined through video conferencing on 9/7/2024 and 5/8/2024. On 5/8/2024 the cross-examination of the said witness was completed. Thereafter, an application was filed by the petitioner under Order XVIII Rule 17 CPC for recalling the witness PW-7 Dr. B.L. Goyal for further cross-examination on the ground that due to inadvertent mistake and oversight the witness could not be cross-examined qua the medical terminology and hence the witness be recalled for further cross-examination. Reply was filed to the said application. Vide the impugned order the said application was dismissed. Hence, the present revision petition.

(3.) Learned counsel for the petitioner would inter alia contend that there are certain medical terminologies referred to by the witness which were not clarified by the counsel during the cross-examination due to his lack of medical knowledge and therefore the witness was required to be recalled.