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2002 Supreme(P&H) 358

M.M.KUMAR
Kartar Singh – Appellant
Versus
Thakur Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. H.S. Bhullar, Advocate.

ORDER

M.M. Kumar, J. - This revision petition is directed against the order dated 19.3.2002 allowing the cross examination by one co-defendant of another co- defendant to the extent of their clash of interest. The order of the Civil Judge reads as under :

"I have perused the file and have considered the arguments advanced by the learned counsel for the parties and I am of the view that the defendants are entitled to cross examine the co-defendants to the extent of their clash of interest. However, if at the appropriate stage, it is found that both the defendants were in fact colluding, the same can be appreciated by the Court at the appropriate stage and denial to cross examine will lead to more harm than to allow them to cross examine. As such, counsel for Vikram Soni Shri S.R. Wadhera, Adv. is allowed to cross examine the co-defendants."

2. Shri H.S. Bhullar, learned counsel for the plaintiff-petitioner has argued that the impugned order contravenes the provisions of Sections 137 and 138 of the Indian Evidence Act, 1872 (for brevity the Act) because once the co- defendant had filed the written statement without contradicting the stand taken by them, the cross examination of the def



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