RANJIT SINGH,J - (1.) THIS order will dispose of Civil Revision Nos. 5775 of 2006 (Om Parkash v. Gurmit Singh) and 5776 of 2006 (Om Parkash v. Surinder Singh) as the same have arisen out of the common impugned order dated 5.10.2006. The facts are being taken from Civil Revision No. 5775 of 2006.
(2.) THE petitioner filed a suit for recovery of an amount from the respondent on the basis of a pronote and a receipt dated 17.5.2003. The suit is being contested by the respondent and he has filed a written statement. On an application filed by the respondent, an additional issue was framed by an order dated 31.8.2006, which is as under :- "Whether the plaintiff is a money lender and does not possess a valid money lending licence ? If so, its effect ? OPD" Thereafter, application was moved by the respondent for recall of the petitioner for further cross-examination to lead evidence on the additional issue framed qua money lending. This application was hotly contested by the petitioner by urging that the respondent be called upon to specify the evidence, which he has already adduced on the issue, and that the petitioner can not be compelled to adduce evidence against himself. Further prayer is that the petitioner should be asked to come along with his account books so that it can be shown that he is a money lender.
(3.) THE counsel for the respondent seeks support from some of the judgments to show that where an additional issue is framed, the permission is to be granted to summon witnesses. In this regard, he has made reference to M/s National Agro Chemical Industries Ltd. v. National Research Development Corporation, 2006(2) RCR(Civil) 98 : 2006(3) CCC 493.;