MAHANT KASHMIR SINGH Vs. EX MAHANT GURDIAL SINGH

JUDGEMENT

(1.) For the reasons stated in the application, the order dated 9.10.2006 is recalled. The main case is restored to its original number.

(2.) The present revision petition has been filed against the order dated 17.8.2006 passed by the learned Civil Judge ( Sr. Divn.), Muktsar vide which the application filed by the plaintiff-petitioner to recall his witness has been dismissed. It is not in dispute that the petitioner has examined PW Bhag Singh at length. He had already been cross-examined, therefore, the learned trial Court came to the conclusion that it is not open to the petitioner to recall a witness to fill up lacuna left during the examination. It has further held that the main controversy between the parties was regarding possession and control over the property and the plaintiff has to prove his case in affirmative and, therefore, the application filed by the plaintiff has been dismissed.

(3.) There is no error in exercising its jurisdiction by the Court below, which may call for interference by this Court under Article 227 of the Constitution of India. Dismissed.