JUDGMENT :

1. Rule.

2. Rule made returnable forthwith. Heard, finally with consent of parties.

3. Petitioner instituted L.E. Suit No. 63/81 of 2012 against the Respondents - Defendants for eviction on the ground that the Defendants were gratuitous licensees. Defendants denied the suit claim and would assert their title in the suit property. Plaintiffs’ evidence was closed, on 13th March, 2018. While Defendants’ witness was under cross-examination, Plaintiff had filed an application under Order-18, Rule-17 read with 151 of the Code of Civil Procedure, 1908 for filing additional documents and recalling his witness. Vide this application, Petitioner sought to place on record seventeen documents. Application was rejected, on 12th July, 2018. Order was confirmed in revision by the Appellate Bench, Small Causes of Bandra, Mumbai.

4. Facts emerging from Proceedings : It may be stated that Defendants’ witness is under cross-examination for more than 20 months. For the reasons stated, the learned trial Court had passed ‘no cross order’ on 23rd October, 2019. However, this order was set aside on 16th November, 2019, subject to condition that Advocate for the Plaintiff would cross-examine the Def