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1988 Supreme(Pat) 391

S.C.MOOKHERJI
Kamla Prasad Roy – Appellant
Versus
Binod Kumar Roy – Respondent


Advocates Appeared:
For the petitioners: M/s Ram Suresh Roy and Krishna Mohan Jha.
For the Opp. Party : Mr. Binod Kumar Roy,

JUDGMENT

Mookherij, J.- This civil revision under Section 115 of the Code of Civil Procedure is directed against a part of the order dated 22.4.1988 of Sri Rajesh Kumar, Subordinate Judge IX, Patna in Title Suit No. 105 of 1984 whereby and whereunder, the prayer of the opposite party-defendant no. 1 in the original suit to recall P. W. 21, D. W. 5 and D. W. 10 for further cross-examination has been allowed.

2. The grievance of the petitioners, inter alia, is that P. W. 21 (petitioner no. 1) was fully cross-examined for nine days and discharged, but after a couple of months an application under Section 151 of the Code of Civil Procedure was filed to recall him for further cross-examination respecting a Vakalatnama filed by him in C. R. No. 1155 of 1986. A similar prayer was also made to recall either two witnesees without disclosing the purpose for the same and the court without applying its mind, allowed it under Section 151 of the Civil Procedure Code which is bad in law.

3. The maintainability of the application was not only raised at the stage of admission by filing a caveat petition but also at the hearing stage and it has been further asserted by defendant no. 1 that the Court af

















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