JUDGMENT :

Manoj Kumar Gupta, J.

1. The instant petition is directed against the order dated 18.1.2018 passed by the trial court allowing application 50-C filed by the defendant-respondent seeking permission of the court to cross-examine plaintiffs witnesses. It is noteworthy that the suit is proceeding ex parte against the defendant-respondent and its right to file written statement stands forfeited. It has been held by the trial court that even then it would not be debarred from cross-examining the witnesses of the plaintiff-petitioner. Aggrieved by the said order, the petitioner filed a revision, which has also been dismissed by the impugned order dated 29.4.2019.

2. Learned counsel for the petitioner submitted that once the suit was proceeding ex parte against the defendant-respondent, the trial court erred in allowing the application for cross-examination of the plaintiffs witnesses.

3. In Arjun Singh v. Mohindra Kumar and others, AIR 1964 SC 993, the Supreme Court has explained the scheme of Order IX, C.P.C. It has held that where the court passes an order to proceed ex parte against the defendant, it may take evidence of the plaintiff then and there and also pronounce the judgme