The High Court of Judicature at Bombay quashed an impugned 'No Cross' order passed by the Trial Court. The Court allowed the petitioner to cross-examine the defendant's witness, directing the Trial Court to fix a schedule for the same.
Quashed of 'No Cross' order and permission to cross-examine the Defendant's witness.
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903.wp.1003.13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1003 OF 2013
..Petitioner
-Versus-
& Ors.
..Respondents
Mr.G.S.Godbole with Mr.Sandesh D. Patil, Advocate for the Petitioner.
Mr.R.S.Apte, Senior Advocate with Mr.Ashutosh R. Gole, Advocate for Respondent Nos.2 to 6.
CORAM : R.M. SAVANT, J. DATE : 9TH APRIL 2013
P.C.
1 The 'No Cross' order dated 17.01.2013 passed by the learned Civil Judge, Senior Division, Thane against the Petitioner/Plaintiff is taken exception to by way of the above Writ Petition.
2 It seems that after the application for amendment of the Written Statement filed by the Defendant No.1 was allowed. The Plaintiff had sought time, as the Plaintiff wanted to challenge the said order allowing the amendment by taking recourse to the remedy available at law. The adjournment Motion of the Plaintiff was turned down by the Trial Court and the Trial Court in view of the reluctance shown by the Plaintiff to
S.K.Talekar
cross examine the Defendant’s witness, passed the ‘No Cross' order. It is well settled that a party should be allowed to prosecute remedy on merits rather than being thrown out upon technicalities.
3 In that view of the matter, the impugned orders would have to be quashed and set aside and is accordingly quashed and set aside and the Plaintiff would be allowed to cross examine the Defendant’s witness. The schedule for the same to be fixed by the Trial Court on the parties appearing before it.
With the aforesaid directions, the Writ Petition is disposed of.
2 issues framed by the court
Whether the High Court should quash a 'No Cross' order and allow the petitioner to cross-examine a witness.
Whether proceedings should be allowed to go on merits rather than be dismissed on technicalities.
Shyamsundar R. Agarwal
Gaurishankar Govardhandas Todi
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
