Rajasthan High Court
Rampal S/O Late Bhagwan Sahay Sharma vs Kailash Chand Sharma S/O Late Shri ... on 12 February, 2024
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2024:RJ-JP:7116]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1844/2024
Rampal S/o Late Bhagwan Sahay Sharma, Aged About 70 Years,
R/o Village Hingoniya, Tehsil Bassi, District Jaipur.
----Defendant-Petitioner
Versus
Kailash Chand Sharma S/o Late Shri Chhaju Ram, Aged About
47 Years, R/o Village Bidhani, Tehsil Sanganer, District Jaipur.
----Plaintiff-Respondent
For Petitioner(s) : Mr. Tara Chand Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
12/02/2024
This writ petition under Article 227 of the Constitution of
India has been preferred assailing the legality and validity of the
order dated 09.01.2024 passed by learned Additional District
Judge No.11, Jaipur Metropolitan, Headquarters at Sanganer (for
brevity "the learned trial Court") in Civil Suit No.53/2018 whereby,
an application filed by the petitioner/defendant (hereinafter
referred to as "the defendant") under Section 151 CPC for
recalling the plaintiff (PW-1) for cross-examination has been
dismissed.
The relevant facts in brief are that in a suit filed by the
plaintiff for recovery of the loan amount of ₹32,00,000/-, the
learned trial Court closed the defendant's right to cross-examine
him when, despite opportunity, the defendant refused to cross-
examine the plaintiff. An application filed by the defendant under
[2024:RJ-JP:7116] (2 of 3) [CW-1844/2024]
Section 151 CPC for recalling the plaintiff for cross-examination
has been dismissed by the learned trial Court vide order dated
09.01.2024.
Learned counsel for the defendant submits that he could not
cross-examine the plaintiff on 20.09.2023 as he was engaged in
sundry works. He submits that if he is not permitted to cross-
examine the plaintiff, his valuable rights shall get prejudiced. He,
therefore, prays that the writ petition be allowed, the order dated
09.01.2024 be quashed and set aside and he may be granted only
one opportunity to cross-examine the plaintiff.
Heard. Considered.
A perusal of the record reveals that right of the defendant to
cross-examine the plaintiff (PW-1) has been closed as he failed to
do so despite opportunity. However, in the interest of justice, this
Court deems it just and proper to extend him one more
opportunity to cross-examine the plaintiff subject to a cost of
₹25,000/- without issuing notice to the respondent/plaintiff to
obviate further delay and not to enburden him with unnecessary
litigation expenses which are likely to be incurred if he puts in
appearance before this Court.
Resultantly, this writ petition is disposed of in following
terms:-
1. The order dated 09.01.2024 passed by the
learned trial Court is quashed and set aside.
2. The defendant is granted only one
opportunity to cross-examine the plaintiff (PW-1)
either on the next date fixed before the learned trial
Court or within a period of 15 days thereafter, if the
[2024:RJ-JP:7116] (3 of 3) [CW-1844/2024]
learned trial Court so directs subject to payment of
the aforesaid cost by him to the plaintiff.
3. The respondent is at liberty to file an application
seeking recall of this order, if he so desires.
(MAHENDAR KUMAR GOYAL),J
Manish/38
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