ROSHAN LAL Vs. RAM ASRA MAL

JUDGEMENT

(1.) THIS revision petition has been directed against the order dated 28.1.2000 whereby the defendants-respondents were allowed to recall the witness i.e. the plaintiff for further cross-examination.

(2.) THE admitted facts of the case are that Roshan Lal plaintiff, now petitioner, had filed a suit for permanent injunction restraining the defendants-respondents from dispossessing/demolishing the shop in question. The suit was contested as a result of which issues were framed. The plaintiff had examined certain witnesses besides himself coming into the witness box as his own witness. He was also subjected to cross-examination. The copy of the statement of Roshan Lal plaintiff is Annexure P-2. He was examined on two different dates i.e. his examination-in-chief was recorded on 8.12.1999. On the next date i.e. on 15.12.1999 his cross-examination was conducted.

(3.) DURING the course of arguments Mr. Sandhawalia, the learned counsel for the respondents stated that the respondents will further cross-examine the witness only in respect of the preliminary objection taken in the written statement which relates to the filing of an earlier suit by the plaintiff and its withdrawal later on. Adverting to the cross-examination of the plaintiff (Annexure P-2), it is abundantly clear that this fact has already been put to him whereby he has admitted the filing of the suit and the reasons for the withdrawal of the same.