- (1.) We have heard learned counsel appearing for the appellant-Jai Narayan Vyas University.
(2.) This Special Appeal has been filed against the order of learned Single Judge dated 10.11.2014, by which he has dismissed the writ petition filed by Jai Narayan Vyas University (for short, "the University"), against the order passed under Order 18 Rule 17 of the Code of Civil Procedure, seeking recall of the plaintiff to be cross-examined by the counsel appearing for the University-defendant in the suit for claiming interest on the arrears of commutation of pension.
(3.) An application under Order 18 Rule 17 of the Code of Civil Procedure was filed by learned counsel appearing for the University on the ground that at the time of answering the questions, the plaintiff, who had appeared in the witness box for deposing, was covering his face by a file, which caused difficulty in cross-examining him. An objection was raised, on which the Presiding Officer directed the cross-examination to continue. It is alleged that since the counsel appearing for the defendantUniversity, in view of the conduct of the plaintiff, who had deposed as a witness, could not mark the documents as exhibits, he had to close the cross-examination of the plaintiff. In the circumstances, the interest of justice suffered, in which the counsel for defendant-University could not complete the crossexamination of plaintiff.;