JUDGEMENT
VINOD K.SHARMA, J. -
(1.) For the reasons stated in the application, the order dated
9.10.2006 is recalled. The main case is restored to its original number.
(2.) The present revision petition has been filed against the order
dated 17.8.2006 passed by the learned Civil Judge ( Sr. Divn.), Muktsar
vide which the application filed by the plaintiff-petitioner to recall his
witness has been dismissed.
It is not in dispute that the petitioner has examined PW Bhag
Singh at length. He had already been cross-examined, therefore, the learned
trial Court came to the conclusion that it is not open to the petitioner to
recall a witness to fill up lacuna left during the examination. It has further
held that the main controversy between the parties was regarding possession
and control over the property and the plaintiff has to prove his case in
affirmative and, therefore, the application filed by the plaintiff has been
dismissed.
(3.) There is no error in exercising its jurisdiction by the Court
below, which may call for interference by this Court under Article 227 of
the Constitution of India.
Dismissed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.