Rakesh Kumar Jain, J. - (1.) THIS revision petition is directed against the order dated 22.10.2013 by which the opportunity of cross -examination of PW 3 has been treated as "Nil" on the ground that the defendants had already taken sufficient opportunities but failed to cross -examine the said witness. After the order was passed, an application under Section 151 CPC was also filed by the defendants for recalling of the order dated 22.10.2013. The said application was also dismissed by the Trial Court vide its order dated 14.03.2014 in which the following order was passed: - I have heard learned counsel for both the parties and perused the case file with their assistance. Perusal of the file reveals that PW -3 Ramesh Chander (plaintiff) tendered his evidence in the form of duly sworn affidavit on 08.07.2013. At the request of learned defence counsel, case was adjourned to 12.08.2013 for cross -examination of PW 3. On 12.08.2013, learned counsel for the defendant did not appear and upon the request of proxy counsel, the case was adjourned to 04.09.2013 for cross -examination of PW 3. Perusal of order dated 04.09.2013 reveals that PW 3 was present for his cross -examination but counsel for the defendant requested for another date for cross -examination, which too was granted. Upon request of the learned counsel for the defendant, the case was adjourned to 25.09.2013 for cross -examination of PW -3. Similar story unfolded on 25.09.2013 when PW -3 was present for his cross -examination but learned counsel for defendant again requested for an adjournment in order to cross -examine the witness. Upon request of the counsel for the defendant, the case was once again adjourned to 22.10.2013 for cross -examination of PW -3. Perusal of the order dated 22.10.2013 reveals that there is specific mention of PW -3 having remained present in the court throughout the day for his cross -examination but the learned counsel for defence did not turn up. The contention of the applicant that he had come before the court after lunch when he realized that his opportunity for cross -examination was treated as nil, is factually incorrect as per the said order. After evidence was tendered by PW 3, the plaintiff, on 08.07.2013 the defence had opportunities for cross -examination on 08.07.2013, 12.08.2013, 04.09.2013, 25.09.2013 and even on 22.10.2013 when the said cross -examination was treated as nil. The witness was present on all the dates as has been specifically noted. Under given circumstances, I find no merit in application at hand. The same is hereby declined. To come up on 16.04.2013 for defence evidence.
(2.) ON the last date of hearing, counsel for the petitioners was directed to produce on record the zimni orders dated 04.09.2013 and 25.09.2013. Accordingly, the petitioners have filed CM No. 14321 -CII -2014 along with an affidavit of petitioner no. 1 in which the aforesaid two zimni orders have been mentioned.
(3.) THE application is allowed and the affidavit is taken on record.;