JUDGMENT

R.V. Raveendran, J. —

Leave granted. Heard learned counsel.

2. The appellant filed a suit for damages against his erstwhile employer - National Thermal Power Corporation Ltd. (‘NTPC’ for short, second respondent herein) and its then General Manager in the District Court, Delhi. After conclusion of Plaintiff’s evidence, the defendants’ evidence was commenced. On 6.1.2004 the suit was listed for further evidence of defendants. One S. Joseph, (DW 2), whose affidavit had been filed by way of an examination-in-chief, was present in court for being cross-examined by the plaintiff. The plaintiff requested for an adjournment on the ground that his counsel was busy elsewhere. The case was therefore adjourned to the next day (7.1.2004). Again, plaintiff sought time on the ground that his counsel was otherwise busy. When the court asked the plaintiff to cross-examine the said witness, as he had earlier cross-examined DW-1 without the assistance of a counsel, plaintiff refused to do so. The witness had come all the way from Durgapur for giving evidence. The court therefore adjourned the matter to 9.2.2004, subject to payment of costs of Rs.5000 by the plaintiff. On 9.2.2004 also, S. J