( 1 ) THE short question involved in this revision petition is whether a witness whose deposition is over, can be permittted to be cross-examined under section 154, Evidence Act, as a hostile witness by the party who produced him. This question arises out of the following facts. The plaintiff produced one Abdul Lateef Khan (P. W. 3) as his witness. He was examined on 16-12-1965. After his examination-in-chief was over, the defendant declined to cross-examine as he thought that there was nothing which need be put to the wtiness. The proceedings of 16-12-1965 showed that "the plaintiff wanted to file an application to treat P. W. 3 hostile". This application, however, was filed on 9-1-1966, This application was resisted by the defendant. It was ultimately dismissed by the court below by an order dated 26-7-1966. It is this order that is now the subject of revision. Section 154, Evidence Act, reads as follows:-"the Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party". A careful and close reading of this section would indicate that firstly it is in the discretion of the Court to per

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