JUDGMENT

1. Before commencing the hearing of this Court, Shri Amin, the learned Advocate mentioned that Writ Petition St No.24321/2021 is filed by defendant no.142 for the same cause of action i.e. the forfeiture of the right to cross-examination as like the adverse order having been suffered by the present petitioner who is defendant no.40 in TE & R Suit 5/6/2008.

2. The learned Advocate Mrs.Parikh representing the original plaintiff, who is appearing on behalf of the plaintiff in this Court, consents for calling for the papers in Writ Petition St No. 24321/2021. The case papers in WP St. No. 24321/2021 are called for and both these matters are heard together.

3. I have considered the strenuous submissions of Shri Jagtiani, learned Senior Advocate with Shri Shah on behalf of both the petitioners. I have considered the vehement submissions of Mrs.Parikh on behalf of the original plaintiff.

4. The issue involved in this case is as regards the 'No Cross' order passed by the learned trial Court on 11/10/2021, as against these two petitioners, who are defendant 40 and defendant 142, respectively. It is undisputed that the trial Court has also passed the order of forfeiture of the right