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2010 DIGILAW 66 (RAJ)

Rajan Jiriwal v. Civil Judge, Alwar

2010-01-08

M.N.BHANDARI

body2010
JUDGMENT : M.N. Bhandari, J. Aggrieved by the order dated 20.08.2009, this writ petition has been filed. 2. It is stated that a suit for possession and injunction was filed by the respondents. The evidence was led by the plaintiff/respondents. However, for one or the other reason, the petitioners could not cross-examine the witnesses of the respondents. On a particular date, when counsel for petitioners was not present, not only ex-parte proceedings were drawn, but chance of cross-examination of the witnesses was closed. The petitioners, thereafter, moved two applications; one application for setting aside the ex-parte proceedings and second application for allowing them to cross-examine the witnesses. So far as first application to set aside the ex-parte proceedings is concerned, it was allowed, but the application to get chance for cross-examination of the witnesses was, however, dismissed. Aggrieved by this order, this writ petition has been filed. 3. Learned counsel for petitioners submits that the petitioners will take only one chance to cross-examination all the witnesses, if any date is fixed by the Court and otherwise they are ready to pay the reasonable cost as fixed by the Court. Thus, in the interest of justice, one more chance may he granted to the petitioner to cross-examine the witnesses. 4. Learned counsel for respondents initially raised an objection to the request made by learned counsel for petitioner. It is stated that initially on four dates, time was given to the petitioner to cross-examine the witnesses, but he failed to do so. Thereafter, two more chances were also given on the cost. It is not only cost was paid but on the last date fixed for cross-examination, none was present for the petitioner, thus not only chance of cross-examination was closed but ex-parte proceedings were also drawn. The aforesaid order was passed by the Court below after due consideration of the facts of the case. The application so moved by the petitioner was thus rightly rejected. It is prayed that if chance of cross-examination is given to the petitioners, then at least respondents may be awarded a cost of Rs. 10,000/- and furthermore a direction may be given to the Court below to fix one date to permit the cross-examination of five witnesses and if it is not completed on the date fixed, then it may be taken up in continuance on the next date. 5. 10,000/- and furthermore a direction may be given to the Court below to fix one date to permit the cross-examination of five witnesses and if it is not completed on the date fixed, then it may be taken up in continuance on the next date. 5. In view of the aforesaid submissions, I am of the view that the petitioners may be given one chance for cross-examination of the witnesses subject to payment of cost of Rs. 10,000/-. The parties are directed to remain present before the Court below on 02.02.2010 on which date the respondents will produce their witnesses to be cross-examined by the petitioners. If cross-examination is not concluded on the aforesaid date, then it may be taken up on the next date in continuance. With the aforesaid directions, this writ petition is disposed of.