Anoop V. Mohta, J.

1. 1. Heard learned Counsel for the Parties. Very small controversy is raised in this petition as to which defendants should be allow to cross examine first, those who support the plaintiff or those who opposes the plaintiff.

2. 2. The petitioner herein, the Ex-Chairman, along with others Ex-Directors of the Nagpur District Central Co-operative Bank, respondent No. 2 herein, are charge-sheeted under the provisions of Maharashtra Co-operative Societies Act, 1960 and Maharashtra Co-operative Societies Rules, 1961 (for short the Act and the Rules respectively).

.3. An application has been filed by the petitioner to cross-examine the witnesses of respondent Bank, after the completion of cross-examination of other respondents. The respondent No. 2 and other respondents have resisted the same basically, on the ground that, initially when the matter was fixed for the cross-examination there was no such objection from the petitioner, to proceed with the matter with

.such a mode of cross-examination. However, on the date of the cross examination itself, such application was filed. The whole purpose of such application and/or conduct of the petitioner was to prolong the matter. There were various other applications filed to delay the proceedings and same were disposed of from time to time.

3. 4. In the present matter, therefore, after hearing all the parties by an order dated 15-5-2004, the said application of the petitioner was rejected. While disposing of the said application the learned respondent No. 1, even though referred the cases cited by the petitioner, but failed to take into consideration the basic purpose and finding as declared in those judgments, in support of the issue, i.e. who should cross examine first, amongst the respondents. The respondents are, as contended, one way or the other some are supporting and some are opposing the contesting parties.

4. 5. There is no doubt so far as the trial or such proceedings are concerned, that, the trial Judge is the master of his own proceedings. It is his domain, where he can fix and adjust the scope and mode of cross-examination. Normally there is no question of interference in such matters, as the discretion, in the facts and circumstances of the case, need to be exercised by the concerned trial Court. It is expected that such trial Court in view of the settled provisions and of principles of natural justice, or even otherwise normally, accommodate the concerned Advocates as well as, the parties, subject to convenient and availability. The Court normally proceed with the matter and allow the available parties to cross-examine.

.6. However, if such application is made and if case is made out, based on the judgments cited by the petitioners counsel, in my view there is no reason to discard such application totally. The other contesting respondent or respondents can,

.if facts and circumstances permit, proceed to cross examine. One cannot overlook the fact that there are more than 29 respondents in this matter. The enquiry is quite serious. Therefore, the matter could have been proceeded for cross-examination by the other respondents, to avoid further delay of the said proceeding,

5. 7. One cannot overlook the conduct of the petitioner. Initially it was agreed unconditionally to proceed with the matter. However, at the later stage, such application was filed. The observation in the order dated 15-5-2004, speaks for itself.

6. 8. Strikingly, this aspect has been already considered by the various courts including our Court, as reported in 1986 Mh.L.J. 643, Mandabai Ramkrishna Tumsare and Ors. v. Ramlal Hiramanji Hiwarkar and Ors., based on the Order 18 Rule 2 of Civil Procedure Code, and Section 135 of the Evidence Act. If case is made out then, authorities should consider such judgment, while dealing with such application. Para Nos. 9 and 10 is clear, and the same is reproduced as under :

"9. Rule 2 of Order 18, Civil Procedure Code runs as

under :

"2.(1)