1977 Supreme(MP) 167

IN THE HIGH COURT OF MADHYA PRADESH
M. L. Malik, J.
Chhutte – Applicant
Versus
Mst. Mahtab Bi and another – Non-applicants
C. Revn. No.2 of 1975 (J)
Decided On : 15-07-1977

Headnote:(1) Civil Procedure Code, 1908 - O.6, R. 17 - defendant permitted to amend written statement extensively - entitled to further cross - examine plaintiff in the light of amendments made.

       (2) Civil Procedure Code, 1908 - O.1, R. 10 - plaintiff was transposed as a party subject to costs - applicant received costs without protest - joinder cannot be challenged by the applicant.

       (3) Practice (Civil) - costs received - order cannot be challenged by party receiving costs without protest.

       Short Note

       1. The applicant defendant was permitted to amend the written statement extensively. Thereafter he moved applications, one for permission to further cross - examine the plaintiff in the light of amendments made and another for removing Kammu Khan from the array of plaintiffs or atleast pass no decree in his favour in the absence of any claim made by him

       Held : After the pleadings had been amended which called for additional evidence or further cross - examination to elicit certain facts, the Court could not shut that out. At best, since the lady was earlier examined on commission, the Court could insist on the defendant to bear the commissioner's expenses if he wanted her for furthers cross - examination. Needless to say that the plaintiff's cross - examination has to be confined to new points raised by the amendent.

       2. The learned counsel for the applicant could not seriously assail the order on the other application. Kammu Khan was transposed as a plaintiff subject to costs which the appellant received without protest. His joinder cannot now be challenged. What relief ultimately he might be found entitled to, cannot be speculated upon. That the Court must decide on the conclusion of the trial. Revision partly allowed.