JUDGMENT

Mr. Raj Mohan Singh, J.: (Oral)- Plaintiff-petitioner has challenged the order dated 05.05.2018 passed by Additional Civil Judge (Senior Division), Fatehgarh Sahib vide which application filed by the plaintiff for recalling of DW2 for further cross-examination was declined.

2. Perusal of the record would show that affidavit of DW2 was tendered in examination-in-chief on 29.11.2016 and thereafter, the witness kept on appearing on each and every date but his cross examination was conducted for the first time on 28.08.2017 and ultimately, the same was concluded on 08.09.2017 after deferring the same on earlier occasions. Thereafter, the plaintiff sought further cross-examination of DW2 on the ground that material questions could not be asked as the plaintiff was not present in person to instruct his counsel. The application for further cross-examination of DW2 has been filed without mentioning any provision of law but the same can be visualized in the context of provision in terms of Order 18 Rule 17 CPC.

3. Learned counsel relies upon Shera vs Assa Ram, 1987 (1) PLR 463 to contend that re-calling of DW can be allowed as the party cannot suffer on account of any omission or la