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2017 Supreme(P&H) 1989

RAJ MOHAN SINGH
Maple Logistics Pvt Ltd – Appellant
Versus
Riba Textile Pvt Ltd – Respondent


For the Respondent No.1,2 & 3:Mr. J.S. Rozera,Mr. Ajit Malik & Ms. Aditi Tambi, Advocates.

JUDGMENT

Mr. Raj Mohan Singh, J.: (Oral) - Petitioner has assailed order dated 04.03.2017 passed by Addl. Civil Judge (Sr. Divn.) Gohana vide which prayer made for recall of witness No.3 ASI Krishan for further crossexamination was rejected.

2. On 12.07.2017, none appeared on behalf of the petitioner even after three pass overs. Today also, none has come present to address arguments on behalf of the petitioner.

3. ASI Krishan is sought to be recalled for further crossexamination at the instance of the petitioner/defendant No.1. ASI Krishan has already been examined completely. His further cross-examination is sought on the ground that he being an Investigating Officer of the FIR is required to answer some questions which were not asked at the relevant time. Provision in terms of Order 18 Rule 17 CPC is sought to be invoked for recalling of the witness.

4. Both the parties were granted sufficient opportunities to lead evidence. After availing the opportunities, they have led their respective evidence. It appears that the Investigating Officer of the case is again sought to be examined in order to extract something which can be used in a criminal trial. Order 18 Rule 17 CPC can only be



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