SODHAN Vs. FAQUIR SINGH AND ANR.

JUDGEMENT

(1.) AFTER the statement of a witness has been partly recorded, can he be allowed to be given up by the party calling him, on the plea that he has been won over and it be ordered that his testimony be treated as non -existent? The challenge here is to precisely such an order.

(2.) ONE Kehar Singh lambardar was produced as a witness by the Defendant. After the oath had been administered to him and his statement partly recorded, he was allowed to be given up on the plea of the Defendants that he had been won over and it was directed that his statement be not read in evidence. Counsel for the Plaintiff instead sought permission to cross -examine the witness. This request was declined on the ground that the witness had already been given up and his evidence ordered to be treated as non -existent There is no provision of law that counsel for the Respondents could point to support or justify this order. This being so there can be no escape from the conclusion that the procedure adopted by the trial court was one wholly unknown to law and the impugned order must thus be set aside as being blatantly' contrary to law.

(3.) THE impugned order of the trial court is accordingly hereby set aside with the direction that the witness - -Kehar Singh lambardar be allowed to be further examined by the Defendants, if they so desire, and he, thereafter be allowed to be cross -examined by the Plaintiff. Counsel for the Respondent made a prayer here that this witness may be declared to have been won over by the Plaintiff, and may consequently be permitted to be cross -examined by the Defendants too. This is a prayer which may be addressed to the trial court and if made there, it would, of course, be open to the trial court to pass such orders thereon as it may deem appropriate