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AJAY MOHAN GOEL
Dinesh Kumar – Appellant
Versus
Vipan Kumar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Sunny Dhatwalia, Advocate
For the Respondent No.3:Mr. Arvind Sharma, Advocate

JUDGMENT (ORAL)

Ajay Mohan Goel, J.—By way of this petition, the petitioner has challenged order, dated 3rd February, 2017, passed by the learned Civil Judge (Junior Division), Barsar, District Hamirpur (H.P.) in Civil Suit No. 82 of 2012, titled as Dinesh Kumar v. Vipan Kumar and others, vide which the learned Trial Court has rejected the application filed by the present petitioner under Section 138 of the Indian Evidence Act, whereby the petitioner had prayed for reexamination of PW1, namely Shri Chander Kant, and PW4, namely Shri Ram Dayal.

2. I have heard learned counsel for the parties.

3. A perusal of the record appended with the petition demonstrates that the application under Section 138 of the Indian Evidence Act was filed by the present petitioner on 20th April, 2016. Further perusal of the record demonstrates that the statement of PW1, Shri Chander Kant, was recorded before the learned Trial Court on 14th January, 2015, whereas the statement of PW4, Shri Ram Dayal, was recorded on 13th May, 2015. Their cross-examinations were also conducted on the same dates and apparently, no request was made for the reexamination of these witnesses on the said dates.

4. As I have alread







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