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2023 Supreme(P&H) 1568

GURBIR SINGH
Gurbux Kaur – Appellant
Versus
Gurdev Kaur – Respondent


Advocates appeared:
For the Parties : Mr. Mandeep Singh Sachdev

Judgment

Mr. Gurbir Singh, J.

Challenge in this revision petition is to the order dated 20.09.2023 (Annexure P-1), passed by learned Civil Judge (Junior Division), Jalandhar (hereinafter referred to as – the Trial Court), whereby application filed by the plaintiff/petitioner for re-calling Harkrishan Lal, Nambardar (PW-2), for his further cross-examination by defendants/respondents, has been dismissed.

2. The brief facts, as culled out from the petition, are that the plaintiff/petitioner filed suit for declaration and mandatory injunction. The suit is being contested by the defendants. After framing of issues, plaintiff/ petitioner led evidence and also examined Harkrishan Lal, Nambardar as PW-2. His part cross-examination was recorded and the case was deferred for his further cross-examination. Thereafter, the said witness did not appear and the plaintiff/petitioner closed his evidence.

3. Learned counsel for the petitioner has argued that respondents no.1 to 4 filed written statement. They also filed counter-claim. Learned counsel for the petitioner has further contended that at the time of going through the entire evidence, while preparing the arguments, it has transpired that e

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