DAV CENTENARY PUBLIC SCHOOL Vs. LALITA AND ORS.

JUDGEMENT

(1.) IN this revision petition filed under Article 227 of the Constitution of India the petitioner has approached this Court for setting aside the order dated 4.11.2008 passed by the Additional Civil Judge (Senior Division), Bhiwani whereby evidence of the defendants was closed by the order of the court, and the order dated 15.5.2009 whereby the said court had dismissed the application moved by the defendants for permission of the Court to produce the witness, Hans Raj, in court for cross -examination.

(2.) LEARNED Counsel appearing for the petitioner submitted that the examination of Hans Raj is necessary to effectively appreciate and decide the controversy raised in the suit and there was no valid reason for the trial court to decline the prayer of the defendants in that behalf. The counsel further submitted that the petitioner may now be granted only one opportunity to examine Hans Raj who shall be produced in Court at petitioner 's own risk and responsibility and for this the other side can well be compensated by awarding costs. Learned Counsel appearing on behalf of respondent -plaintiff, on the other hand, stoutly opposed the prayer of counsel for the petitioner.

(3.) THE revision petition stands disposed of accordingly.