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2018 Supreme(P&H) 2503

RAMENDRA JAIN
Balwinder Singh – Appellant
Versus
Jaswant Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Inderjit Sharma, Advocate
For the Respondent:Mr. Dheeraj Mahajan, Advocate

JUDGMENT

Ramendra Jain, J.

Vakalatnama filed by learned counsel for the caveator-respondent, is taken on record.

2. Through this petition under Article 227 of the Constitution of India, prayer has been made for setting aside order dated 06. 02. 2018 (Annexure P-11) of the trial Court treating the cross-examination of the respondent by the petitioners nil on account of their refusing for the same on the ground that their revision petition against the earlier order dated 07. 09. 2017 was pending before this Court.

3. In nutshell, respondent-plaintiff filed a suit for specific performance of contract against the petitioners-defendant, which is being contested by them.

4. The trial Court after taking necessary pleadings from both the sides on record, framed issues and asked the respondent-plaintiff to lead his evidence. Consequently, the respondent-plaintiff in support of his case tendered his affidavit and submitted himself for cross-examination by the petitioners, but they refused to do so even despite specific asking of the trial Court on the ground that they would not cross-examine him till the decision of their revision petition challenging some earlier order dated 07. 09. 2017 of the






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