Sarwan vs Babu

Sat Pal, J.—This petition has been directed against the order dated 19.7.1997 passed by the Civil Judge (JD) Jalandhar. By this order, the learned Civil Judge has dismissed the application filed by the petitioner/defendant for recalling PW-9 Joga Singh, for cross-examination by the defendant.

Mr.Kanwaljit Singh, the learned counsel appearing on behalf of the petitioners submits that the plaintiff had been given large number of opportunities as mentioned in the order dated 13.6.97 (copy annexure P-1) and keeping in view the various opportunities granted to the plaintiff, the application filed by the petitioner/defendant should have been allowed. I, however, do not find any merit in the contention raised by the learned counsel of the petitioner. The impugned order itself shows that the defendant along with the junior counsel was present in the Court and an opportunity for cross-examining PW-9 was granted but since the learned junior counsel failed to put any question to the said witness, it was recorded that opportunity has been granted but cross-examination is Nil. In view of these facts, I do not find any merit in this petition and the same is dismissed.