FULESHWAR JHA Vs. GYATRI DEVI

JUDGEMENT

(1.) The plaintiffs, who are the petitioners challenge an order issuing a warrant to produce their own witness who was cross -examined in part but refused to appear for his further cross -examination.

(2.) The necessary facts are very short and simple.

(3.) The plaintiffs filed the suit in question for specific performance of a contract, They produced, of their own, one Bhola Mahto as P.W. 1 for his examination in chief which was done on 10th November, 1986. After the examination in chief was over he was cross examined by the other side but his cross -examination could not be completed. It appears that the. petitioners thereafter also examined one Jagdish and three further witnesses and that it appears that they filed a petition under Order XVI, Rule 10 of Sub -rules (2) and (3) to issue warrant against aforementioned Bhola Mahto for his further cross -examination on the ground that he has been gained over and had gone to the camp of the defendants, who did not allow him for his fur her cross -examination.