KHUSHAL SINGH Vs. GURDEV SINGH AND ORS.

JUDGEMENT

(1.) THE undisputed facts are that in a suit for grant of a decree for perpetual prohibitory injunction simpliciter, the Petitioner herein as the Plaintiff besides himself had cited another witness by name Shri Khurshad Ali, whose affidavit in evidence was also filed. However, at the time of evidence the said Khurshad Ali could not be produced by the Plaintiff. It was stated that the witness has since been won -over by the Defendants who are Respondents before this Court.

(2.) IT was in the foregoing background that a prayer was made by the Plaintiff to the learned trial court that instead of the said Shri Khurshad Ali one Gurbakash Singh may be permitted to be examined as a witness and permission to file his affidavit in evidence may be granted. However, the prayer did not find favour with the learned trial court as the same was opposed on behalf of the Defendants for the reasons that on the one hand there are no materials to suggest that the said Shri Khurshad Ali has been won -over and on the other the prayer for introducing the additional witness in evidence was made at a highly belated stage.

(3.) IN view of the above, the petition is allowed. Consequently, the Plaintiff is permitted to examine the aforesaid Shri Gurbaksh Singh, as a witness. It is stated that affidavit in evidence of the witness has already been filed alongwith the application, moved before the learned trial court, which is on its record. It being so, the witness, Shri Gurbaksh Singh, shall be produced by the Plaintiff before the learned trial court for cross -examination by the Defendants on 7th April, 2010, on self responsibility. It goes without saying that Defendants who are yet to commence their evidence shall get an opportunity to cross -examine the witness, Shri Gurbaksh Singh and thus shall have the right to rebut his evidence by way of the evidence to be adduced by them. However, the Plaintiff shall compensate the Defendants by way of costs of Rs. 500/ - to be tendered before the learned trial court on the day witness Shri Gurbaksh Singh is to be examined.