IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 4698 of 2009
Kamta Prasad Singh ..... ..... Petitioner
Versus
Om Prakash Burnwal & ors. ..... .... Respondents
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CORAM : HON'BLE MR. JUSTICE D. N. PATEL
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For the Petitioner : Mr. Mahesh Tewari, Advocate
For the Respondents : Mr. Rohit Roy, Advocate
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2/ Dated: 26th April 2011
1. The present writ petition has been preferred by original defendant no. 2
against the order passed by Sub Judge-V, Dhanbad dated 28th August 2009 in Title
Suit No. 143 of 2005, whereby an application filed by defendant no. 2 for cross-
examination of Plaintiff Witness nos. 1 and 2 has been rejected.
2. Having heard learned counsel appearing for the respondents, who has fairly
submitted that they have no much objection for allowing cross-examination of
P.Ws. 1 and 2, but, let a suitable direction be given to the learned trial court for
final disposal of Title Suit No. 143 of 2005 within the stipulated period given by
this Court and the present petitioner may be directed to cross-examine P.Ws. 1 and
2 at the earliest.
3. Counsel appearing for the petitioner has submitted that they will not ask any
unnecessary adjournment and cross-examination of P.W. Nos. 1 and 2 will be
completed at the earliest.
4. In view of this limited submission, I hereby quash and set aside the order
passed by Sub Judge-V, Dhanbad dated 28th August 2009 in Title Suit No. 143 of
2005, mainly, for the reason that cross-examination ought to have been allowed by
the present petitioner (original defendant no.2), otherwise, it will cause serious
prejudice to the original defendant no. 2. Cross-examination always separates the
truth and falsehood in the deposition. Cross-examination will facilitate the trial
court to decide the correctness or truthfulness of deposition given by the witness.
2.
5. In view of the aforesaid, the impugned order dated 28th August 2009 passed
in Title Suit No. 143 of 2005 is hereby, quashed and set aside. The present
petitioner (original defendant no. 2) is permitted to cross-examine P.Ws.1 and 2 and
I, hereby, direct the trial court (Sub Judge-V, Dhanbad) to expedite the final hearing
of Title Suit No. 143 of 2005 and the same will be disposed of, as early as possible
and practicable, on or before 30th November 2011.
6. This writ petition is, hereby, allowed and disposed of.
( D. N. Patel, J.)
R.Kr.