Mr. Ajay Tewari, J.: (Oral) - This petition has been filed against the order dated 7.4.2015 whereby the application filed by the petitioner under Order 18 Rule 17 CPC for recalling AW-2 to clarify a typographical mistake in evidence was dismissed.

2. Learned counsel for the petitioner has argued that the petitioner had filed two petitions for eviction of tenants which are pending before the same Court and are being heard together. One witness had to appear in both the cases and to give the similar testimony and in fact an affidavit in examination-in-chief in both the cases contained similar averments. While being cross-examined, similar suggestions were put to him. In one case, he correctly rejected the suggestions and it was so recorded but in the present case, as per learned counsel for the petitioner, there was a typographical error in recording his rejection of the suggestions and consequently wherever he had stated ‘it is incorrect’ it was recorded as ‘it is correct’. He has, therefore, prayed that this application be allowed.

3. Learned counsel for the respondents has relied upon a Single Bench judgment of Rajasthan High Court in the case of Ashok Kumar Agarwal vs. Pr