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2003 DIGILAW 294 (UTT)

B. M. Soni v. Addl. District Judge V. F. T. C. , Dehradun

2003-12-04

P.C.VERMA

body2003
JUDGMENT Hon'ble P. C.Verma, J. : This writ petition has been filed by the petition challenging the order dated 03/11/2003 passed by the Judge Small ) Causes Court, Dehradun in S.C.C. No. 25 of 2002 by which the ) application of the respondent has been r allowed for re-examination of the witness who has been cross-examined. The objection raised is that reexamination cannot be permitted after cross-examination is over. The application was also liable to be rejected, as the provisions of Order-18 Rule-I7 of the Code of Civil Procedure are not applicable in the proceeding before the Judge Small Cause Courts. In the proceedings before the Judge Small Cause Court the evidence is taken by way of affidavits. 2. Heard Sri V. K. Kohli, learned counsel for the petitioner and Sri Arvind Vashishth, learned counsel for respondent No.2. 3. A provision has been inserted in the Code of Civil Procedure. Order- 13 Rule -4 Sub Rule-2 provides that any witness can be summoned and may be examined orally on the application moved by a party. In the instant case, the application was moved by the petitioner for cross-examination of be respondent on his affidavit. Therefoe, application has rightly been allowed for the re-examination. However I hold that re-examination should have been permitted after the cross-examination is over. 4. Even otherwise, after the cross-examination, re-examination is in the interest of justice, so that any injustice may not be caused to any party. 5. Therefore, I direct that the lower court shall permit the re-examination according to law after the cross-examination is over. 6. With the aforesaid observation, the writ petition is disposed of finally.