JUDGMENT :

C. HARI SHANKAR, J.

1. An application by the petitioner, as the defendant in C.S. No. 203/2018 (Ram Mohan Gautam vs. Shally) preferred under Order XVI Rule 1(3) of the Code of Civil Procedure, 1908 (CPC) stands dismissed by the learned Additional District Judge (“the learned ADJ” hereinafter) vide the impugned order dated 20th July 2022.

2. Consequent to completion of pleadings and framing of issues, the respondent, as the plaintiff in the suit, chose only to lead his sole evidence as PW-1.

3. No list of defence witnesses was filed by the petitioner, as the defendant in the suit. Nonetheless, the learned ADJ allowed the recording of evidence of the petitioner as DW-1.

4. After recording of evidence of DW-1 was complete, the petitioner moved the application, under Order XVI Rule 1(3) of the CPC, which stands disallowed by the impugned order dated 20th July 2022.

5. By the said application, the petitioner sought to examine 12 witnesses. It was further averred that, if the said witnesses were not examined, the petitioner would suffer irreparable loss and injury. It is necessary to reproduce Para-3 of the application, thus:

“That defendant want to examine the following witnesses ar