HAZARA SINGH Vs. JAGDISH KAUR

JUDGEMENT

(1.) BANS Kaur defendant No. 1 appeared as her own witness. After the conclusion of her examination-in-chief, her cross-examination on behalf of defendant No. 2 was deferred for some time but the counsel could not come present till about 4.30 p.m. Ultimately, she could not be cross-examined by defendant No. 2. The witness was consequently discharged. In this situation, defendant No. 2 moved an application with a prayer that the witness be recalled and he (defendant No. 2) may be permitted to cross-examine the witness. This request of the learned counsel for defendant No. 2 was declined by the learned Civil Judge (Jr. Divn.) by order dated 5.5.1997. Hence this revision at the instance of defendant No. 2.

(2.) IN response to the notice of motion, Smt. Bans Kaur defendant No. 1 has put in appearance through Mr. K. S. Dadwal, Advocate.

(3.) LEARNED counsel appearing on behalf of Bans Kaur, on the other hand, submits that the witness was discharged after awaiting for the counsel and, therefore, the learned trial Judge rightly dismissed the application.