PARAMJIT KAUR Vs. GURJANT SINGH

JUDGEMENT

(1.) THE petitioners by way of present revision petition have challenged the order dated 7.8.2006 passed by the Additional Civil Judge (Senior Division), Samana, vide which the application moved by the plaintiff- respondents for recalling Shri Navdeep Gupta, handwriting and fingerprints expert, has been allowed and he has been directed to be recalled for cross- examination.

(2.) THE facts of the case are that Shri Navdeep Gupta was examined by the plaintiffs as PW-6. However, the cross-examination of this witness was deferred on the request of the petitioner herein, though copies of all the documents produced by the said expert had already been supplied to the learned counsel for the defendants, however, on account of mistake, he was not subjected to cross-examination and accordingly after examining the other witnesses plaintiffs closed their evidence on 28.11.2005. On closure of the defendants' evidence in May 2006, the case was fixed for rebuttal and arguments. The case of the plaintiff-respondents was that while preparing the case for arguments, it was noticed that PW-6 has not been cross-examined due to inadvertent mistake. Accordingly, an application was made for recalling the said witness for cross-examination.

(3.) THE learned trial Court came to the conclusion that non-cross-examination of PW-6 was on account of inadvertent mistake on the part of the plaintiffs. It was further observed that the plaintiffs had not intentionally tendered the said witness for cross-examination. Accordingly, keeping in view the interest of justice, the application was allowed and directions were given to the plaintiffs to produce the said witness positively on the next date for cross- examination at their own responsibility.