- (1.) This petition has been filed against the order dated 9.11.2015 (Annexure P-9) passed by the Rent Controller rejecting an application for recalling the witnesses of the respondent-landlord for cross-examination.
(2.) As per the record produced before me, three witnesses were examined in chief on 17.12.2014 but the matter was deferred for remaining cross-examination on the request of counsel for the petitioner for 5.2.2015 but by that date, the tenant died and time was sought to bring his LRs on record. Ultimately, by order dated 9.3.2015, LRs were impleaded and the matter was adjourned to 20.4.2015 for filing amended title. On 20.4.2015, the amended title was filed by the respondent. His witnesses were also present but the matter was again deferred for cross-examination at the request of counsel for the petitioner. On the next date, the LRs moved an application for amendment of the written statement which was allowed on 15.7.2015 and the matter was adjourned to 25.8.2015 for filing rejoinder and for evidence of the respondent. On 25.8.2015, the following order was passed :- "No rejoinder is filed. Two PWs are cross-examined and petitioner closed the evidence vide separate statement. Now to come up on 18.09.2015 for evidence of the respondent on filing of PF/DM/list of witnesses."
(3.) It is conceded by both the learned counsel for the parties that actually three witnesses had been cross-examined on that date and it is inadvertently wrongly mentioned as two. Thereafter, on 18.9.2015, the petitioner moved an application for adjournment on the ground that he wanted to change his counsel since on the previous date he had not appeared himself and had sent a junior counsel. The matter was adjourned to 8.10.2015. On that date, the changed counsel moved an application stating that since the previous counsel had not appeared personally and had sent a junior counsel, the cross-examination was ineffective and sought permission to recall the witnesses for further cross-examination. That application having been rejected, the parties are before this Court.;