MAHAVEER PRASAD Vs. SUMERMAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 19.11.2015 passed by the trial court whereby, the petitioner's application under Order 18, Rule 17 CPC has been rejected.

(2.) The respondent filed suit for eviction; after the written statement was filed, the affidavit of PW-1 Sumermal was filed on 23.03.2015 and the matter was fixed for cross-examination on 24.03.2015; it appears that on the same day some order on application under Order 22, Rule 4 CPC was passed; the counsel appearing for the petitioner, for challenging the validity of order dated 24.03.2015 sought time, which was declined by the Court as the witness had come from Kolkata and was of advanced age.

(3.) Thereafter after six dates, the present application under Order 18, Rule 17 CPC was filed for recalling the witness for cross-examination, which was rejected by the trial court on account of delay in filing the application.