SURINDER KAUR Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) The present petition lays challenge to order dated 26.02.2016 (Annexure P-2) passed by the Additional Civil Judge (Senior Division), Phillaur, whereby one opportunity has been allowed to the respondent/defendant to further cross-examine Surinder Kaur (plaintiff) PW-1, Balwinder Singh PW-2 and Satya Dev PW-3.

(2.) Counsel for the petitioner would contend that a similar application was filed by the respondents earlier that was dismissed by the trial Court vide order dated 29.04.2015. The challenge to order dated 29.04.2015 by way of CR No.8566 of 2015 captioned Sukhwinder Kaur Vs. Surinder Kaur , was rejected by this Court on 11.01.2016 vide order Annexure P-1. The respondent filed an application for amendment of the written statement, allowed by the trial Court on 24.08.2015. The present application for re-calling PW-1 to PW-3 for their further cross-examination in order to confront them with the averments raised by way of amendment in the written statement was filed on 21.01.2016 i.e. approximately five months after application for amendment of written statement was allowed. It is further argued that the petitioner has already submitted his written submissions before the trial Court, therefore, the order allowing application for re-calling of witnesses of the petitioner cannot be allowed to sustain. In support of his contention, he has relied upon judgment of the Honourable Apex Court M/s. Bagai Construction through its proprietor Mr. Lalit Bagai Vs. M/s. Gupta Building Material Store , 2013(3) RCR (Civil) 304 .

(3.) I have heard counsel for the petitioner and perused the records.