JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral):

CM APPL. 33660/2023 (for exemption)

Exemption is allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 1036/2023 & CM APPL. 33661/2023

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 17.04.2023 passed by the ADJ-02, North East District, Karkardooma Courts, Delhi (`Trial Court') in civil suit no. 476364/2015, titled as `Narender Kumar vs. Sunil Kumar Tandon & Ors.', whereby the Trial Court has dismissed the Petitioner's application filed under Order 18 Rule 17 of Code of Civil Procedure, 1908 (`CPC') for recalling of DW-1, i.e., Petitioner himself, for further cross examination.

1.1 The Petitioner is the original defendant and the Respondent is the original plaintiff in the civil suit.

2. Brief facts leading to filing of present petition are as under:

2.1 The civil suit has been filed by the plaintiff seeking specific performance of Agreement to Sell (`ATS') dated 13.10.2007, recovery of damages and injunction.

2.2 The Petitioner herein stepped into the witness box as DW-1 and tendered his affidavit by way of evidence on 19.09.2019. He was cros