Punjab-Haryana High Court
Krishan Kumar vs Pawan Kumar And Another on 28 May, 2009
Author: Jaswant Singh
Bench: Jaswant Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CR NO.3169/2009
Date of Decision: 28.5.2009.
Krishan Kumar
..........Petitioner.
Versus
Pawan Kumar and another
..........Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH.
Present: Mr. Arvind Bansal,Advocate for the petitioner.
JASWANT SINGH,J(Oral).
Krishan Kumar-defendant-petitioner has filed the present petition under Article 227 of the Constitution of India for setting aside the order dated 10.3.2009 passed by the learned Civil Judge(Jr. Division) Rajpura, dismissing his application for recalling Pawan Kumar-plaintiff for further cross examination.
Heard learned counsel for the petitioner.
It is stated that during his cross examination certain questions could not be put to Pawan Kumar plaintiff and as such it is necessary to recall him for further cross examination.
I do not find any merit in the submission of the learned counsel for the petitioner-defendant.
Learned trial Court, while dismissing the application of the defendant-petitioner, has observed that the plaintiff was rigourously cross examined on 9.12.2008 by the learned counsel for the defendant-petitioner and CR NO.3169/2009 2 thereafter the plaintiff closed his evidence. I fully agree with the observation of the learned trial Court that if such cross examination is allowed then virtually any witness can be recalled on one pretext or the other and thus causing unnecessary delay in adjudication besides permitting the parties to fill up lacunas. It is also borne out from the impugned order that even after lapse of 9 years only plaintiff's evidence has been recorded and defendants' evidence is yet to start.
I do not find any illegality in the impugned order. Moreover no ground to interfere is made out.
Dismissed.
28.5.2009. (Jaswant Singh) joshi Judge