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Judgment
The present petition is filed challenging the order dated 22.09.2025, whereby the application filed by the petitioner under Order XVIII Rule 17 of the CPC, seeking recall of PW.6 for cross-examination, came to be rejected. The Trial Court rejected the application on the ground that the opportunity to cross-examine PW.6 had not been availed by the petitioner.
Learned counsel appearing for the petitioner submits that PW.6 is a neurosurgeon and that his cross-examination is necessary for assessing the disability sustained by the claimant. It is further submitted that denying the petitioner an opportunity to cross-examine PW.6 would not only prejudice the petitioner but also cause grave hardship to the petitioner.
Learned counsel appearing for the respondent-claimant has filed a memo stating that PW.6 appeared before the Court on more than three occasions, but was not cross-examined. It is further submitted that the claimant has no objection to permitting the petitioner to cross-examine PW.6 before the Tribunal.
In the light of the above, the following:
O R D E R
I. The writ petition is allowed.
II. The impugned order dated 22.09.2025 is set aside.
III. The application filed under Order XVIII Rule 17 of the CPC, seeking recall of PW.6 for cross-examination, is allowed, subject to the condition that the cross-examination shall be completed on the date fixed by the Tribunal.
IV. If PW.6 is present before the Tribunal on the date so fixed, the petitioner shall not be entitled to any further opportunity to cross-examine the witness.
V. The petitioner shall pay costs of Rs.10,000/- to PW.6.