The High Court dismissed a civil miscellaneous petition challenging an order regarding the closure of cross-examination and dismissal of an application for framing additional issues, allowing withdrawal of the petition.
Wild withdrawn with liberty to file a review application for re-opening cross-examination opportunity.
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versus
UTTAM CHAND JAIN & ORS ..... Respondents Through: None.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R
% 08.05.2018
By the impugned order dated 22.03.2018, the opportunity of the petitioners (defendant Nos. 3 to 5 in civil suit No. 57/17 and old No. 16857/16) for cross-examination of the witnesses (DW1, DW2 and D1W2) of the other set of defendants was closed, their application for deferment of such exercise having been declined and the application under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (CPC) for framing of two additional issues having been dismissed. The said order is under challenge by the present petition.
After some hearing, the counsel for the petitioners submitted that he does not press the petition in so far as it challenges the decision on the application under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (CPC). He further submitted that he may be allowed to withdraw the present petition and the applications filed CM(M) 547/2018 page 1 of 2
therewith and instead be given liberty to move the trial court by a review application to seek re-opening of the opportunity for crossexamination of the afore-mentioned witnesses explaining the earlier defaults on his part which have led to such order being passed.
The petition and the applications filed therewith are dismissed as withdrawn with liberty limited to the above aspect granted as prayed.
R.K.GAUBA, J.
MAY 08, 2018/ uj
CM(M) 547/2018
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Ramesh Chand Jain & Ors
Uttam Chand Jain & Ors
R.K. Gauba
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
