Praveen Kushwah vs Gajadhar Singh - 2022 Supreme(MP) 1002

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1002

G. S. AHLUWALIA
Praveen Kushwah – Appellant
Versus
Gajadhar Singh – Respondent

Advocates Appeared:
Vivek Vyas, Advocate, Anoop Gupta, Advocate
Final Result : Disposed Of

JUDGMENT

Sunita Yadav, J. - This present petition under article 227 of the Constitution of India is filed challenging the order dated 30.08.2019 passed by Second Civil Judge, Class II, Gwalior in Case No.15-a/2013, by which an application under Section 151 of CPC for granting an opportunity to the petitioners/defendants to get the defendants' witnesses cross-examined by the plaintiff was dismissed.

The relevant facts to decide the petition are that the respondent No.1/plaintiff filed a suit for recovery of possession against the petitioners/defendants. after completion of plaintiff's evidence, the case was fixed for examination of defendants' witnesses on various dates. The case was fixed on 22.08.2019 for remaining cross-examination of defendant No.2 and on the said date defendant No.2 was absent. The counsel for the defendants filed an application under Order 17 Rule 1 of CPC seeking some time to produce defendant No.2 for cross-examination. The examination in chief of defendant No.2 had already been completed earlier. On 22.08.2019, learned trial Court has rejected the application under Order 17 Rule 1 of CPC filed by the counsel for defendants and fixed the case for final argumen

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