Ram Rati Vs. Mange Ram (D) thr. Lrs. & Ors.
The Code of Civil Procedure, 1908 - Order XVIII Rule (17)
Recalling of Witness - Consolidation of two suits -Recalling of witness for examination cross-examination -Application filed under Order 18 Rule 17 CPC by respondent the plaintiff in Civil Suit No. 43 of 2009 that he should get an opportunity to cross examine the PW1 (Defendant No. 5 in Civil Suit No. 43 of 2009) - Plaintiff in Civil Suit No. 44 of 2009 is no more a party to Civil Suit No. 43 of 2009 and the earlier order of consolidation of suits dated 8.12.2007 was maintained and further clarifying that the past evidence of plaintiff in Civil Suit No. 44 of 2009, which has already been recorded, to be treated as the main suit - Those crucial aspects apparently missed by the trial court and the High Court while passing the impugned orders - Impugned order liable to be set aside - During the pendency of the appeal, the evidence has been closed - What remains is only the final order to be passed - Trial court directed to dispose of the suits expeditiously and preferably within one month from the date of receipt of a copy of this order.
Topic(s)-Civil Procedure - Recalling of Witness - Not allowed