SUSHILA DEVI Vs. SANTRA DEVI

JUDGEMENT

(1.) This civil writ petition has been filed by the petitioner-plaintiff (for short 'the plaintiff') against the order dtd. 15/11/2017 passed by Additional District and Sessions Judge No.15, Jaipur Metropolitan, Jaipur in civil case No.05/2006, whereby the said Court dismissed the plaintiff's application under Order 18 Rule 17 read with Sec. 151 CPC. The plaintiff has also challenged the order dtd. 8/1/2018, whereby the review application filed by the plaintiff under Order 47 Rule 1 CPC has been dismissed.

(2.) Learned counsel for the plaintiff submits that the plaintiff filed a suit for possession against the respondent-defendant (for short "the defendant") in which counsel for the plaintiff had partly cross-examined the defendant Santra Devi. Due to work in Rajasthan High Court, her advocate had gone to the High Court after the lunch and plaintiff sought time to cross-examine Santra Devi. In the absence of the advocate, plaintiff's husband submitted some document. Learned counsel for the plaintiff further submits that husband of the plaintiff no legal knowledge, so he could not cross-examine the defendant Santra Devi as per law.

(3.) Learned counsel for the plaintiff filed an application under Order 18 Rule 17 read with Sec. 151 CPC before the trial Court for recalling the witness Santra Devi for her cross-examination but trial court vide its order dtd. 15/11/2017 dismissed the application filed by the plaintiff.