GANPAT LAL Vs. LAXMI NARAYAN

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioners-defendants have implored to quash and set-aside the order dated 27th July, 2007, whereby the learned Civil Judge (Sr. Division), Dantaramgarh, District Sikar dismissed the application of the defendants-petitioners, wherein they had prayed to recall the witness PW-1 Ramji Lal.

(2.) SHORN of unnecessary details, the facts of the case are that late Laxmi Narayan filed a civil suit against the petitioners and non petitioners no. 2 to 11 stating therein that plaintiff and defendants no. 8 to 13 were the brothers constituting a joint Hindu Family. It was stated that the property in question was let out to the defendant Ganpat Lal. The suit was filed for arrears of rent and eviction. During the pendency of the suit, the witnesses of the plaintiff were examined. Thereafter on 15th September, 2006, the petitioners-defendants filed an application in the Court imploring that the witness PW-1 Ram Ji Lal, who had already been examined, be summoned again for the purpose of re cross-examination. The learned trial court having considered all the facts and circumstances and critically analyzed the matter ad-longum, observed that the documents, which he wanted to refer during cross-examination, were already existing on record, they were legible and were tangibly understood by the learned counsel for the respondents. The cross-examination of the witness had already been completed and there was no occasion to re-summon the said witness PW-1 Ram Ji Lal for the purpose of re cross-examination.