HANS RAJ TUTEJA Vs. OM PARKASH (SINCE DECEASED)

JUDGEMENT

(1.) Respondent No. 2 was ex-parte before the trial Court and is, therefore, proceeded against ex-parte in the present petition.

(2.) This petition arises out of an interlocutory order passed by the Civil Judge, Junior Division, Bhiwani on 17.07.2017, directing the learned counsel for the plaintiff, the present petitioner, to furnish an advance list of questions to be asked from the witness in deferred cross-examination so that the time of the Court could be saved. The matter was posted to 04.08.2017 for further cross-examination of the defence witness in attendance.

(3.) The trial Court judge has opinionionated, observing that the learned counsel for the plaintiff while in cross-examination was asking many irrelevant questions. If that was so, then which question was irrelevant should have been considered and its irrelevancy should have been briefly recorded in writing before permitting the party to put the next question and so on and so forth. Learned trial Judge should remember that cross-examination is an art best left in the hands of the counsel since the range of questions to be asked can never be anticipated and much would depend on the skill brought to bear to elicit the truth by even asking leading questions and the nature of the case, the dispute between the parties and the materials on record, documentary and oral, recorded prior to the appearance in the witness box by DW-4 with the testimony of other witnesses recorded.