JUDGMENT - DAGA V.C., J.: - A reference is made by the learned Single Judge (A.S. Oka, J.) to resolve the conflict of opinions as to the nature and scope of the rights available to the defendant whose "defence has been struck out" is taken up for final hearing at the admission stage by consent of parties.

WHY REFERENCE :

2. In the case of (Ganpat Shankar Waghmare v. Anjalibai Rao Waghmare)1, reported in 2001(3) Bom.C.R. 31 , learned Single Judge (Khanwilkar, J.) has taken a view that once defence is struck out under Order 39, Rule 11 of the Code of Civil Procedure (C.P.C. for short) as amended by the Bombay High Court, the defendant in consequence thereof losses his right to cross-examine the plaintiff and his witnesses.

Whereas in the case of (Suryabhan Ranuba Wagh v. Shobha Bhimrao Pawar)2, reported in 2002(Supp. 2) Bom.C.R. (A.B.)272 learned Single Judge (Dabholkar, J.), while considering the case of absence of written statement has ruled that the defendant cannot be denied right to participate in the process of hearing or cross-examine the plaintiff. The defendant although can be allowed to cross-examine witnesses, the scope of cross-examination cannot be permitted to travel b

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