Punit Ahluwalia Vs.
Arjan Singh & Ors.  INSC 1279 (1 August 2008)
JURISDICTION CIVIL APPEAL NO.4759 OF 2008 (Arising out of S.L.P. (C) No.8433 of
2007) Punit Ahluwalia ...Appellant(s) Versus Arjan Singh & Ors.
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The Trial Court
rejected the prayer made on behalf of the appellant for cross-examination of
P.Ws.1 and 2. The said order has been confirmed by the High Court. Hence, this appeal
by special leave.
The appellant was
impleaded in the suit as a defendant on the ground that he purchased the suit
property during its pendency. Prior to his impleadment, P.Ws.1 and 2 were
examined on behalf of the plaintiffs. As the appellant has been already
impleaded as party, in our view, the Trial Court, by its order, was not
justified in refusing the prayer for cross-examination of P.Ws.1 and 2, who
were already examined on behalf of the plaintiffs, and the High Court failed to
exercise jurisdiction vested in it under law in refusing to interfere with the
The civil appeal is,
accordingly, allowed, the impugned orders are set aside and prayer for
cross-examination of P.Ws.1 and 2 is granted.
Let hearing of the
suit be expedited.
Delhi, August 01, 2008.
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