Veena Birbal, J. (Oral)-Allowed, subject to just exceptions.

CM(M) No. 586/2008

1. By way of present petition, petitioner has challenged impugned order dated 14.3.2008 wherein prayer of the petitioner for expunging the cross-examination of PW-1 from the record has been rejected.

2. Learned Counsel for petitioner has submitted that in the present case respondent/ defendant did not file written statement despite repeated opportunities given and as such the right of the respondent to file written statement was closed by the learned trial Court vide order dated 26.9.2005. The same was challenged by the respondent/ defendant before this Court vide CM. (M) No. 2441/2005. The order of learned trial Court was upheld by this Court. Respondent/ defendant challenged the same before Honble Supreme Court by filing a SLP. Even the same was rejected. Thereafter, petitioner filed examination-in-chief by way of affidavit before learned trial Court and was partly cross-examined by defendant/respondent on 22.11.2007. On said date petitioner/plaintiff moved an application for expunging the cross-examination of plaintiff on record stating therein that as the right of defendant to file written stat