DHELO MAHTO Vs. MANGAR MAHTO

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order dated 7.2.2006 passed by learned Munsif, Hazaribagh in Title Suit No. 44 of 1989 whereby the Court below has rejected the petitioners petition dated 17.1.2006 for recalling the plaintiff and his witness PW 2 for cross -examination.

(2.) IT has been stated that at the relevant time, the petitioners counsel was ailing and he could not attend the Court. Subsequently, the petitioners counsel died alter prolonged illness. Another counsel was appointed on his behalf. In course of preparation of the case for argument, it was detected that the plaintiff who was examined as PW 1 and another material witness, PW 2, were not cross -examined on behalf of the defendant -petitioner. A petition, thereafter, was filed for recalling the said witnesses for cross -examination which was rejected by the impugned order.

(3.) THE respondents have appeared and contested the writ petition. However, no counter -affidavit has been filed disputing the statements made in the writ petition. Learned Counsel for the respondents submitted that the defendant petitioner deliberately avoided cross -examination of the plaintiff and another witness, PW 2, at the appropriate stage and has filed the petition for recalling the said witnesses for cross -examination, when the suit is finally fixed for argument. Learned Counsel submitted that the petition has been deliberately filed in order to put the respondent to harassment and to delay disposal of the suit.