LAXMI NARAYAN Vs. DHARMI CHAND

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner-defendant, challenging the order dated 18/1/2014 passed by the Additional Civil Judge (Jr. Division) and Judicial Magistrate No.2, Beawar (hereinafter referred to as 'the Trial Court') in Suit No. 85 of 2011, whereby the Trial Court has dismissed the application of the petitioner filed under Order XVIII, Rule 17 read with Section 151 of CPC seeking opportunity to cross examine the respondent-plaintiff.

(2.) It is submitted by the learned senior counsel Mr. S.R. Surana for the petitioner that the petitioner had wrongly quoted Order XVIII, Rule 17 in his application seeking direction to cross-examine the respondent-plaintiff, however, the intention of the petitioner to file the application was to cross-examine the plaintiff. According to him, the petitioner may be granted one opportunity to cross examine the plaintiff, and the petitioner is ready to pay even the cost.

(3.) However, the learned counsel Mr. Jai Prakash Gupta, for the respondent-plaintiff relying on the decision of this Court in Ashok Kumar Agarwal vs. Pramod Kumar Jain, 2011 4 WLC(Raj) 534 has submitted that the provision of Order XVIII, Rule 17 to recall the witness could be invoked by the Court only, and not by the party. He further submitted that the petitioner was deliberately trying to prolong the proceedings, and therefore, the petition be dismissed.