JUDGMENT Petitioner has moved an application for cross-examining the witness. The trial Court on 22.7.2002 passed the order that cross-examination of PW 1 and PW 2 shall be conducted by the Commissioner appointed by the Court. PW 2 is defendant No.3 whereas defendant No.3 now moved an application that the Commissioner was appointed to cross-examine defendant No.2 only that is PW 1 and this defendant stated before the Commissioner that he wants to be examined before the Court and he did not submit himself for cross-examination before the Commissioner. An application under Order 18 Rule 17 CPC was filed by the defendant No. 2 for additional cross-examination of K.D. Gupta PW 2, O.P. Parashar PW 3 and B.K. Birthariya PW 5 on the ground that since Shri Tuly who has signed the plaint has not been examined, therefore, he may be permitted to cross-examine these witnesses. This will not be a ground for further cross-examination of witnesses and trial Court has rightly rejected the application. No interference under Article 227 of the Constitution of India is warranted. Petition fails and is dismissed with costs quantified at Rs. 500/- (Rs. Five Hundered only). Interim order passed earlier is vacated. Counsel fee as per schedule.