- (1.) IN this writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 5.10.2007 passed by Subordinate Judge -III, Jamshedpur in Title Suit No. 83 of 2000 whereby he has rejected the prayer of the defendant/petitioner for recalling the plaintiff (P.W. 1) for further cross -examination.
(2.) PLAINTIFF -respondent filed aforementioned suit for a decree for recovery of possession of the suit premises after evicting defendant -petitioner there from. The defendant -petitioner contested the suit by filing written statement. In course of argument, the defendant -petitioner filed a petition along with certified copy of deposition of the plaintiff recorded in the criminal case being G.R. Case No. 280/2000 stating inter alia that the plaintiff has admitted certain facts which are relevant for determining the issue involved in the suit. Petitioner. therefore, filed a petition for recalling the plaintiff who was examined as P.W. 1 for the purpose of contradiction of his earlier admission made in the said case. The said prayer was opposed by the plaintiff and the Court below by the impugned order rejected the application holding that the suit is at the argument stage and, therefore, further cross -examination of the plaintiff cannot be allowed as he has already been cross -examined at length.
(3.) I have heard the learned counsel appearing for the parties.;