Jaswant Singh vs Smt. Magni Devi and Others

Rajesh Bindal, J.—Defendant No. 1 has approached this Court challenging the order dated 29.11.2008, passed by the learned court below, whereby the application filed by him for de-exhibiting the document has been kept pending.

Learned Counsel for the petitioner submitted that in his statement Pawan Kumar Golchha, appearing as PW3, tendered into evidence copy of Bahi (Ex. P11) along with its translation, at the time his statement was recorded on 6.9.2008. His cross-examination was deferred. Immediately thereafter, application was filed for de-exhibiting the document. The submission is that such an application should have been decided immediately and not to be kept pending.

After hearing learned Counsel for the petitioner, I do not find any merit in the submissions made. It is only examination-in-chief of PW3- Pawan Kumar Golchha which was recorded on 6.9.2008. His cross-examination was deferred on the request of Counsel for the petitioner-defendant No. 1. Without even cross-examining him, application was filed for de-exhibiting the document and the same remained pending. The suit is pending since 2003.

Considering the aforesaid facts, in my opinion, no interference is called for by this Court at this stage, as the effort of the petitioner-defendant No. 1 seems to be to delay the proceedings.

Accordingly, the revision petition is dismissed.