Mahesh Narayan Son of Late Govind Narayan v. Hemlata Saxena Wife of Late Dinesh Bahadur Saxena
2017-12-06
ALOK SHARMA
body2017
DigiLaw.ai
ORDER : ALOK SHARMA, J. 1. Under challenge by the petitioner-defendant (hereinafter defendant’) is the order dated 03.11.2017 passed by the trial court dismissing his application for recalling of the order dated 03.12.2015 whereby the cross-examination of the respondent-plaintiff (hereinafter plaintiff) was closed on the say of the counsel for the defendant. 2. I am of the considered view in the facts of the case the cross-examination of the plaintiff having been closed-on the say of the counsel for the defendant himself, the Trial Court has rightly rejected the application dated 17.03.2016 for recall of the order dated 03.12.2015 and allow further cross examination of the plaintiff. 3. The discretion exercised by the trial court in passing the impugned order is well considered and on good reason. After making a statement by counsel of a party that a witness is not to be further cross-examined, there can be no reason whatsoever to recall the order closing the cross-examination and require witness to be subject to further cross-examination. 4. In the circumstances, I cannot find any ground whatsoever to interfere with the impugned order under Article 227 of the Constitution of India as it does not suffer from jurisdictional errors or perversity nor is it vitiated by misdirection in law. 5. I find no force in the petition. Dismissed.