JUDGMENT :

Petitioner (hereinafter referred to as ‘defendant’) has approached this Court, invoking provisions of Section 115 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), assailing order dated 30.9.2020, passed by Senior Civil Judge, Court No.1, Shimla, in Case No.9-1 of 17/15, whereby application filed by defendant, under Order 18 Rule 17 CPC, for recalling the witness, has been dismissed.

2. Present petition has been filed on the ground that, by passing the impugned order, the Court below, in fact, has decreed the suit by giving detailed finding on merit of the suit, instead it ought to have limited its finding to the merits of the application, and it has also ignored the fact that the documents sought to be put to plaintiff, by way of cross-examination, are very relevant for just adjudication of the case and such necessity warrants to take on record such documents and put the same to the plaintiff for the purpose of cross-examination, at any time, subject to provisions of Order 18 Rule 17 CPC. It has been contended that there is no delay in placing on record the documents, existence whereof came in the knowledge of defendant on 28.3.2019 and, therefore, it can