The Single Bench of Rajasthan High Court of Dr. Justice Pushpendra Singh Bhati ordered that the pendency or not pendency of a revision petition is not a ground for a party to avert cross- examination before the trial court.
Background of the case and submissions made:
The present plea was moved by one Bheru Lal in connection with a case under Income Tax Act, stating that his right to cross examination was closed. He sought one more opportunity for cross-examination on cost.
The counsel for the respondent's vehemently opposed the petition on the ground that number of opportunities were given to the petitioner to make the necessary cross-examination but he has failed to do and has been making excuses before the trial court regarding the pendency of the revision petition and thus the delaying in whole proceeding.
Order of the Court:
After hearing learned counsel for the parties, the Court was of the firm opinion that pendency or not pendency of the revision petition is not a ground for not cross-examining. However, in the interest of justice, one last opportunity was granted to the petitioner,who shall
complete the necessary cross-examination on the next date as already fixed by the learned trial court.
Court made clear that such cross-examination shall be permitted only after the petitioner deposits a sum of Rs.5,000/-. Such cost shall be released to the respondent no.2. Court added that, "In case he fails to utilize the same, no further opportunity shall be granted and this order shall automatically stand nullified thereafter. It is further made clear that the pendency of the revision petition shall not make any impact upon the cross- examination."
Case Title: Bheru Lal v. State Of Rajasthan
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