AJMAL HUSSAIN AND ORS Vs. JANNAT AND ANR

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has challenged the order dated 13.01.2017, whereby the learned Court below has refused the petitioner's request for reopening the cross-examination of the witness, PW-2,(Abdul Rashid).

(2.) The facts relevant for decision of the present case are that in a suit for permanent and mandatory injunction filed by the plaintiff, the defendant PW-2 Abdul Rashid appeared in the witness-box on 19.05.2016, on said date, the petitioner's counsel could not cross-examine him, as the said counsel was busy in another Court.

(3.) On failure to cross-examine the witness, until the Court hours, the learned Court below closed the petitioner's right to cross-examine the said witness, vide its order dated 19.05.2016.