The High Court dismissed a writ petition challenging the Trial Court's order rejecting an application to recall a witness for further cross-examination. The Court found no basis for interference given the lack of stated reasons for the recall request and the conclusion of evidence.
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wpst-12299.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION STAMP NO.12299 OF 2015
Nivruttee Raghoba Balwadkar Through his power of attorney holder Shantilal Bhikchand Kataria : Petitioner. Versus Sharad Nivruttee Balwadkar and ors. : Respondents.
Mr. Manjiri Parasnis for the Petitioner.
CORAM : R. M. SAVANT, J. DATE : 16th October 2015
P.C.
1 The writ jurisdiction of this Court is invoked against the order dated 04/03/2015 passed by the learned Civil Judge, Senior Division, Pune by which order the Application (Exhibit 220) for the recall of the Plaintiff for his further cross examination came to be rejected.
2 Having regard to the fact that the evidence of the Plaintiff's witness is already over as also having regard to the fact that the reasons as to why the Plaintiff is required to be recalled having not been mentioned, the Trial Court deemed it appropriate to reject the said application.
3 In my view, having regard to the reasons mentioned by the Trial
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Court in the impugned order, no case for interference in the writ jurisdiction of this Court is made out. The above Writ Petition is accordingly dismissed.
[R.M.SAVANT, J]
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3 issues framed by the court
Whether the High Court should interfere with the Trial Court's rejection of an application for recall of a witness for further cross-examination.
Whether the Trial Court demonstrated sufficient jurisdiction in rejecting the recall application.
Whether the reasons provided by the Trial Court justified the rejection of the recall application under writ jurisdiction.
Nivruttee Raghoba Balwadkar
Shantilal Bhikchand Kataria
Sharad Nivruttee Balwadkar
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
