JUDGMENT/ORDER

1. Heard Mr. A. Naik for the Petitioner and Mr. P. Karpe for the Respondent.

2. Rule.

3. Rule is made returnable forthwith. Heard the parties with consent for final disposal.

4. Order impugned in the present Petition is rejection of recall of plaintiff's witness for further cross examination.

5. Mr. Naik appearing for the Petitioner/Defendant submits that when the matter was fixed for cross examination of PW-1, he was having some personal difficulty and therefore he instructed his junior colleague to cross examine PW-1 partly and to request for further time. He submits that his junior colleague only put suggestions to PW-1 and thereafter the cross of PW-1 was closed. The Petitioner/Defendant filed an application for recall of PW-1 by disclosing specific grounds which are found in para no. 2 and 3. The Learned Trial court by its impugned order dtd. 2/5/2023 rejected such application and thereby denied the opportunity to crossexamine PW-1 effectively. He submits that the Petitioner/Defendant has raised specific defence in the Written statement claiming that no loan was advanced to him. Since he was having personal difficulty, the junior colleague cross-examined PW-1 onl