Heard learned counsel for the parties.

2. During the course of hearing, the respondent has proceeded to move this application under Order 41 Rule 27 CPC. This application has been moved only with a view to delay the hearing of the appeal. The hearing of the appeal has taken place for about a month. Counsel for the respondent has not cooperated in the hearing seriously as various adjournments have been sought by him on account of engagement in another Court. Anyhow, when the hearing was nearing conclusion, then this application was moved with the prayer that the children may be summoned before this Court and their statement should be taken in order to prove the cruelty by the appellant against them.

3. The said application has been opposed by the counsel for the appellant and it has been submitted that the application has been moved on unfounded facts. The trial court has never recorded the statement of the children and interim custody was given on 11.1.2005, but how the said order was recalled at 3 PM by recording a finding that the appellant was not present to have custody of the children. He has further submitted that the trial court has also recorded a wrong finding as o