SANJAY KISHAN KAUL
NIRANJAN KUMAR – Appellant
Versus
POONAM CHAWLA – Respondent
SANJAY KISHAN KAUL, J.
( 1 ) ADMIT.
( 2 ) AT request of learned counsel for the parties, the matter is taken up for final disposal.
( 3 ) THE petitioner has approached this court in the present proceedings under article 227 of the Constitution of India on account of the manner in which the trial court was permitting or refusing the cross examination by the petitioner of a witness of the respondent.
( 4 ) THE respondent has filed a suit for possession, recovery of arrears of rent and mesne profits in which the defence of the petitioner has been struck off. At the stage when the cross examination of the witnesses of the petitioner was in progress, the counsel for the petitioner sought to confront the witness with certain documents. This was objected to by the learned counsel for the respondent and the trial court held that in view of the fact that the defence of the petitioner has been struck of, the witness cannot be confronted with those documents. These documents are 14 alleged rent receipts.
( 5 ) AT the inception itself, it must be noticed that this Court does not sit as a court of appeal in proceedings under Article 227 of the Constitution of India and the object is only t
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