Gopal Soni vs Addl. District and Sessions Judge No. 3 and Others

Bela M. Trivedi, J.—The petitioner-defendant has filed the present petition under Article 227 of the Constitution of India challenging the order dt. 07.09.2012 passed by the Additional District & Sessions Judge No. 3, Ajmer (hereinafter referred to as "the trial Court) in Civil Suit No. 2/10 (120/11), whereby the trial Court has closed the right of the petitioner-defendant to cross-examine the PW-1, Shri Radhey Shyam Sharma. It has been sought to be submitted by the learned counsel Mr. Rahul Agarwal appearing for the petitioner that the learned counsel for the petitioner-defendant could not examine the plaintiff on account of genuine difficulties on the part of the concerned counsel and last opportunity be granted in the interest of justice to cross-examine the plaintiff.

Learned counsel Mr. Neeraj K. Tiwari appearing for the respondent No. 2-plaintiff though has objected to the present petition, has submitted that appropriate orders for cost be passed if the impugned order is set-aside.

Having regard to the submissions made by learned counsel for the parties and to the impugned order passed by the learned trial Court, it transpires that the petitioner-defendant had sought number of adjournments to cross-examine the PW-1, Shri Radhey Shyam Sharma, and though the trial Court had granted sufficient opportunities, the learned counsel for the petitioner had not cross-examined the said witness. Hence, the impugned order could not be said to be either illegal or perverse. However, having regard to the facts and circumstances of the case, one last opportunity is granted to the petitioner to cross-examine the plaintiff i.e. PW-1 subject to the payment of cost of Rs. 5000/- which shall be paid by the petitioner-defendant to the respondent-No. 2-plaintiff.

It is directed that the trial Court shall grant one last opportunity to the petitioner-defendant to cross-examine the PW-1, Shri Radhey Shyam Sharma on the payment of cost of Rs. 5,000/- which shall be paid by the petitioner to the respondent-No. 2. The petition stands allowed to the aforesaid extent.