AMRIK AHUJA Vs. VIJAY KUMAR SOOD

JUDGEMENT

(1.) By way of this Revision Petition, the petitioner/tenant has challenged order passed by the learned Rent Controller, Shimla, H.P., in the eviction proceedings initiated against him by contesting respondents/landlord, in terms whereof an application filed under Order 18, Rule 17 read with Sec. 151 of the Civil Procedure Code, praying for recalling petitioner/PW-3 Rajinder Kumar Sood for the purpose of further cross-examination has been rejected.

(2.) Brief facts necessary for the adjudication of the present petition are as under:- An application under Order 18, Rule 17 read with Sec. 151 of the Civil Procedure Code was filed by the petitioner/ tenant (hereinafter referred to as the'tenant'), on the ground that an application under Order 6, Rule 17 of the Civil Procedure Code for amendment of reply filed by him was allowed by the learned Rent Controller on 27/11/2020, therefore, it was necessary to further cross-examine PW-3 as statement of this witness stood recorded on 16/5/2019, i.e. before the amendment was allowed.

(3.) The application was resisted by the non- applicants/landlords, on the ground that there was no necessity for cross-examination of plaintiff/PW-3 on the grounds mentioned in the application as the genesis of filing the application for amendment of the reply itself was the cross-examination of PW-3. The application was rejected by the learned Rent Controller, which has resulted in filing of this petition.