HARJI RAM Vs. LAXMAN RAM

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. Instant writ petition has been filed by the plaintiff petitioner to quash the order dated 25.07.2012 passed by Additional District Judge, Bhinmal, District Jalore upon application filed under Order 18 Rule 17 CPC in Civil Original Suit No. 13/2011 whereby, learned trial court rejected the prayer of the petitioner to recall the witness DW/1 Laxman Ram for the purpose of further cross-examination.

(2.) LEARNED counsel for the petitioner submits that in fact four suits were filed including the present suit by the petitioner plaintiff in which statement of DW/1 Laxman Ram were recorded. In the suit No. 13/11 statement of witness Laxman Ram was recorded on 30.03.2011 in which although cross-examination was made with regard to Account no.1211 of the firm in the State Bank of Bikaner and Jaipur Branch Bhinmal but in reply to the cross-examination, no proper reply was given by the DW/1 and in other suit relevant documents of Account No.1211 were placed before the DW/1 for confrontation in which proper reply was given by him but no cross-examination was made from the witness DW/1 Laxman Ram while confronting from the bank account and other documents related to the Bank Account No. 1211, therefore, in the application filed under Order 18 Rule 17 CPC, it is prayed by the petitioner plaintiff to recall the witness but learned trial court rejected the said application on the ground that ample opportunity was given to the petitioner plaintiff to cross-examine DW/1 Laxman Ram and cross- examination has been made with regard to Account No.1211 of the firm M/s Shiv Shakti and reply was also given by him, therefore, at this stage when opportunity has already been granted, the said application for recalling for the purpose of confrontation of document cannot be allowed.