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 same.
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.
[G.S. SINGHVI] New Delhi, August 01, 2008.