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1995 Supreme(All) 397

M.KATJU
Mohammad Hasnain – Appellant
Versus
Addl Civil Judge Jaunpur – Respondent


Advocates appeared:
Birendra Kumar Shrivastava, S.C. Kharbanda,

JUDGMENT

1. M. Katju, J. This writ petition has been filed against the impugned order dated 9-3-1995, a true copy of which is Annexure 4 to the writ petition by which petitioner's application to cross-examine the landlord and other witnesses has been rejected. The petitioner is the tenant of the premises in dispute and the respondent No. 2 is the landlady. The respondent No. 2 filed an application under Section 21 (1) (a) of U. P. Act No. 13 of 1972 which is pending. During the course of these proceedings the tenant filed an application dated 18-2-1992 for cross-examining the witnesses of the landlady. A true copy of this application is Annexure-1 to the writ petition. The landlady filed an affidavit to this application and by the impugned order dated 9-3-1995 the application has been rejected. Hence this petition.

2. I have heard Sri B. K. Srivastava, learned counsel for the petitioner and Sri S. C. Kharbanda, learned counsel for the respondent No. 2. In certain decisions of this Court it was held that ordinarily cross- examination should not be allowed in proceedings under Section 21 but I have differed with this view and referred the matter to a Larger Bench in writ petition No.







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