DINESH KUMAR Vs. VIPAN KUMAR

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged order, dated 3rd Feb., 2017, passed by the learned Civil Judge (Junior Division), Barsar, District Hamirpur (H.P.) in Civil Suit No. 82 of 2012, titled as Dinesh Kumar Vs. Vipan Kumar and others, vide which the learned Trial Court has rejected the application filed by the present petitioner under Sec. 138 of the Indian Evidence Act, whereby the petitioner had prayed for reexamination of PW1, namely Shri Chander Kant, and PW4, namely Shri Ram Dayal.

(2.) I have heard learned counsel for the parties.

(3.) A perusal of the record appended with the petition demonstrates that the application under Sec. 138 of the Indian Evidence Act was filed by the present petitioner on 20th April, 2016. Further perusal of the record demonstrates that the statement of PW1, Shri Chander Kant, was recorded before the learned Trial Court on 14th Jan., 2015, whereas the statement of PW4, Shri Ram Dayal, was recorded on 13th May, 2015. Their cross-examinations were also conducted on the same dates and apparently, no request was made for the reexamination of these witnesses on the said dates.