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1991 Supreme(Raj) 119

M.C.JAIN
Chhotu Khan – Appellant
Versus
Abdul Karim – Respondent


Advocates Appeared:
G. R. Singhvi, for Petitioner J. R. Patel, for Respondent

Honble MILAP CHANDRA JAIN, J.—This revision petition has been filed against the order of the learned Additional Munsif No 1, Jodhpur dated November 13, 1990 by which he has rejected the application of the plaintiff-petitioner moved under Order 19 Rule 2(1), C.P.C. for the cross-examination of the deponents of the affidavits filed by the defendant-non petitioner in support of his reply to the plaintiff petitioners application moved under Order 39 Rule 1 and 2. C.P.C.

2. It has been contended by the learned counsel for the plaintiff-petitioner that the learned trial court has acted with material irregularity and illegality in exercise of its jurisdiction in rejecting the said application, the petitioner has a valuable right to cross-examine the deponents of the affidavits for eliciting the truth. He further contended that the very fact that the non-petitioner has seriously opposed the said application indicates that the deponents of the affidavit could not have stood the cross-examination and the falsity of their affidavits would have been exposed. He lastly contended that it was not necessary to disclose the grounds or points for the cross-examination. He relied upon Ram Swaroop V. B











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