AMRIK SINGH Vs. KULBHUSHAN DUTTA

JUDGEMENT

(1.) The petitioner, herein, is a defendant in civil suit No. 173 of 27.07.2010, that has been filed by the respondent, herein, before the trial Court for specific performance of contract dated 12.07.2006 in respect of the suit land, more fully described in Annexure P- 4.

(2.) PW-1 and PW-2 , although cross-examined by the counsel for the petitioner, yet it is his case that many questions were asked by his advocate from these witnesses during cross-examination but those were declined by the trial Court. So, the petitioner filed application under Order 18 Rule 17 of the Code of Civil Procedure for recalling of witnesses namely Kulbhushan Dutta as PW-1 and Satnam Singh as PW-2. These witnesseswere examined on 27.11.2013.

(3.) It is his case, that Kulbhushan Dutta (PW-1) is a scribe and at the time of his cross-examination, many questions were asked by his advocate, but those were declined by the Court. Similarly, at the time of cross-examination of Satnam Singh (PW-2) many important questions put to him during cross-examination were ordered to be declined by the trial Court. So, through this application, recall of the witnesseswas sought for further cross-examination.