Satish Kumar v. Gagandeep Singh
2024:PHHC:056311 CR-2499-2024 (O&M)
CR-2499-2024 (O&M)
!"#$%$% SATISH KUMAR
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GAGANDEEP SINGH
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-. /0 CM-7379-CII-2024
Main case Challenge in the present revision petition is to the order dated 15.04.2024 (Annexure P-1), passed by learned Trial Court, whereby an application filed by the petitioner, for recall of the witness PW-3, namely, Gagandeep Singh, for further cross-examination, was dismissed. Learned counsel for the petitioner heard.
The facts, as culled out from the paperbook are that, during the pendency of the suit for recovery, filed at the instance of the respondent, after recording of the statement of PW-3, Gagandeep Singh, before recording of any further witness, an application was filed by learned counsel for the petitioner for recall of the said witness i.e. PW-3, for further crossexamination. Sonu 2024.04.25 15:50 I attest to the accuracy and authenticity of this document
2024:PHHC:056311 CR-2499-2024 (O&M) Perusal of the application reveals about the same to have been filed for two reasons; firstly that the previous counsel who was representing the petitioner did not ask appropriate questions and for calling for further cross-examination, as prayed for, on account of new counsel having engaged. Secondly on account of the petitioner, not being present, at the time when the cross-examination of Gagandeep Singh was conducted. However, perusal of the impugned order reveals that learned Trial Court has appropriately considered the averments made in the application and has very correctly observed about no case made out for recall of the witness, solely on account of change of counsel.
Also, it has been appropriately observed about the presence of the petitioner/defendant, to be not essential, at the time of conducting of the cross-examination, more particularly when he is represented through the counsel in a civil matter. In view of the observations, so made, by learned Trial Court, the impugned order warrants no interference by this Court, while exercising the revisional jurisdiction. Hence, the present revision petition sans merit and is hereby dismissed.
Pending application, if any, also stands disposed of. .
0 #$%$% ! " # ! $ #"% Sonu 2024.04.25 15:50 I attest to the accuracy and authenticity of this document