JOGINDER SINGH Vs. DEVINDER KUMAR

JUDGEMENT

(1.) This order will dispose of civil revision Nos. 2475 of 2476 of 1993. Both these revisions have been directed against the identical orders passed by the trial Court.

(2.) The plaintiff-petitioner filed a suit challenging the decree dated 31.5.1984 passed by Sh. H.S. Gill, Sub Judge, Fatehabad in civil suit No. 254-C of 1984, titled Surain Singh v. Devinder Kumar inter-alia on the ground of fraud, mis-representation. The suit was resisted by the defendant-respondent. The plaintiff produced some evidence. Ultimately last opportunity was granted to the plaintiff for his evidence on 18.11.1992. On that day, the plaintiff examined himself besides another witness. The plaintiff as also one of his witness were duly cross-examined on behalf of the contesting defendant by Shri M.S. Chaudhary, Advocate. Thereafter, an application was moved by Shri Bhart Singh Sharma, Advocate on behalf of the defendant that the plaintiff and his witness could not be effectively cross-examined on 18.11.1992 by Shri B.S. Chaudhary, Advocate and therefore, the two witnesses may be recalled for cross-examination as on the date, they appeared as witnesses, he was away to Baliali in connection with lunch hosted on occasion of marriage of Sh. Khamboj, Advocate.

(3.) The trial Court on a consideration of the matter allowed the application and permitted further cross-examination of the witnesses, who were examined on 18.11.1992. It is this order, which is under challenge at the instance of the plaintiff.