SARITA DEVI Vs. RISHI DHIMAN

JUDGEMENT

(1.) By way of this petition filed under Art. 227 of the Constitution of India, petitioner has laid challenge to order dated 17.10.2017, passed by learned Additional District Judte (III), Kangra in case HMA No. 7-D/III/2012.

(2.) Grievance of the petitioner is that no proper opportunity was given to him to cross examine plaintiff witness Rishi Dhiman by the learned trial Court. Record demonstrates that the case was listed before the learned trial Court on 17.10.2017 for recording evidence of the plaintiff. On the said date, PW Rishi Dhiman tendered his evidence by way of affidavit. Record further demonstrates that learned trial Court recorded the statement of Rishi Dhiman to the effect that his affidavit be read as his statement, which was exhibited as PW1/A. With regard to opportunity of cross examination, the following stands recorded by the learned trial Court:-

(3.) Thereafter learned trial Court passed the following order:-