KISHORI LAL AND ORS Vs. SHIVCHARAN AND ORS

JUDGEMENT

(1.) The supervisory power of this court u. Art. 227 of the Constitution of India is invoked to assail the impugned order dated 23.02.2016 passed in Civil Suit No.2A/2014 by Civil Judge Class-2 Raghogarh, Distt. Guna where an application made under Order 18 Rule 17 read with Sec. 151 C.P.C. for recalling and re-examination of PW-1 ( petitioner himself) for rectifying an alleged inadvertent mistake of mentioning the wrong survey number, has been allowed subject to payment of cost of Rs. 200/-.

(2.) Pertinently, the impugned order herein was stayed by this Court on 15.03.2016 which order continued to subsist till date.

(3.) Learned counsel for the petitioners / all defendants except defendant No. 4 and 10 submits that the application of the plaintiff under Order 18 Rule 17 C.P.C. was camouflaged to fill up the lacuna left in the deposition of plaintiff (PW-1) who had earlier been cross-examined on 05.02.2016. It is submitted by the petitioner drawing attention of this Court to the cross-examination of the plaintiff that the mentioning of the wrong survey number as pointed out by the counsel for the plaintiff / respondent is incorrect since the plaintiff was confronted not once but thrice in his crossexamination about the correct survey number from which cause in the suit had arisen. In respond to every such confrontation the plaintiff in his cross-examination on 05.02.2016 has specifically testified that suit in question relates to survey No. 52/2 and not survey number 52/1.