INTRODUCTORY:

Whether interlocutory application to declare a witness hostile and permit his cross-examination, after concluding the evidence, at the instance of party, at whose instance the witness was called, is maintainable, is the sum and substance of the issue raised in this Civil Revision Petition.

FACTUAL MATRIX:

2. The respondent filed a suit for declaration and permanent injunction. The petitioner was arrayed as first defendant. The suit was contested by the petitioner.

3. Before the Trial Court, the respondent examined P.W.3. The witness was cross-examined by the petitioner on 20 August, 2013. After cross-examination, evidence of P.W.3 was closed. Thereafter, the respondent filed an application in I.A.No.787 of 2013 to declare P.W.3 as hostile and grant him permission for cross-examination. The application was filed on 29 August, 2013.

4. The application was allowed by the learned Trial Judge, in spite of the objection raised by the petitioner. The order dated 06 November, 2013, is the subject matter of this Civil Revision Petition.

SUMMARY OF SUBMISSIONS:

5. The learned counsel for the petitioner contended that the petitioner cross-examined P.W.3 on 20 August, 2013