ORDER

This miscellaneous petition has been preferred by plaintiff 2-Vinay Singh, challenging the order dated 10.04.2023 passed by Second Civil Judge Senior Division, Satna in Civil Suit No.47A/2012 whereby right of plaintiffs to cross- examine defendant 1-Rambalak Singh has been closed.

2. Learned counsel for the petitioner/plaintiff 2 submits that initially on 10.04.2023 the counsel for plaintiffs appeared for cross examination and he also started cross-examination on the defendant-Rambalak Singh but later on after lunch hours could not appear timely for cross -examination, therefore, learned court fixed the case for cross examination at 5 O' clock and prior to that the counsel appeared at 4:55 PM, but without giving any opportunity of cross examination, learned trial Court closed right of plaintiffs cross examination on the defendant. He further submits that learned Court has not mentioned anything in the order that the counsel for the plaintiffs refused to cross-examine the defendant or he did not show willingness to cross-examine, therefore, right of cross-examination could not have been closed. With these submissions he prays for allowing the miscellaneous petition.

3. Learne