ORAL ORDER

(I.A.Nos.1/2023 and 2/2023) filed by him under Section 151 of Civil Procedure Code and Order XVIII Rule 17 of Civil Procedure Code to recall the stage of suit and to recall PW.1 for cross- examination, respectively were rejected.

NC: 2024:KHC:50139

3. Being aggrieved by the said order, the defendantm, No.1 is before this Court.

PW.1. He submits that since the suit was filed for the relief of declaration and for consequential releifs, the evidence of PW.1 if not contraverted, may result in severe civil consequences. He therefore, prays that a final opportunity be granted to the defendant No.1 to contest the suit on merits.

WP No. 24381 of 2024

03.09.2019. On 03.09.2019 PW.1 was cross-examined by defendant No.2 and not by defendant No.1. Therefore, the cross-examination of PW.1 by defendant No.1 was taken as nil. He submitted that the defendant No.1 then filed I.A.No.1 and

No.1 again filed an application to recall PW.1 which was again allowed on payment of cost of Rs.2.000/-, but yet defendant

PW.1.

WP No. 24381 of 2024

No.1 to contest the suit on merits, but on terms.

(I.A.Nos.1/2023 and 2/2023) filed by the defendant No.1