ORDER

The defendant in O.S.No.10/2016 on the file of the Principal Civil Judge, Sagar (henceforth referred to as 'Trial Court') has filed this petition challenging an order dated 27.07.2021 by which, an application filed by him under Order XVIII Rule 17 of CPC to recall PW.1 for cross-examination, was rejected.

2. The suit in O.S.No.10/2016 was filed for declaration and recovery of possession of an agricultural land in Sy.No.118/3 of Shiravala village, Kasaba Hobli, Sagar Taluk. The defendant contested the suit and claimed that he was in possession of the suit property in his own right.

3. Based on these contentions, the Trial Court set down the case for trial after framing issues. When the suit was set down for cross-examination of PW.1, the defendant did not cross-examine him partly due to COVID-19 protocols, during which time, the Courts were closed. Therefore, cross- examination of PW.1 was taken as 'Nil' and the case was posted for evidence of the defendant. At that stage, the defendant filed an application under Order XVIII Rule 17 of CPC to recall PW.1 for cross-examination.

4. This application was rejected by the Trial Court in terms of the impugned order on the ground that de