Interim Order 1

Order Details: Order below exhibit
Pdf Text: Order Below Exh.24 Suit No.998/2019
MHCC010039962019
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT
BOMBAY
ORDER BELOW EXHIBIT 24
IN
SHORT CAUSE SUIT NO. 998/2019
(CNR NO. MHCC010039962019)
Smt. Tajma Khatoon Anis Ahmed Choudhary … Plaintiff
Versus
Abdul Gani Nizamuddin Shaikh … Defendant
CORAM : HIS HONOUR JUDGE, A. C. DAGA
: COURT ROOM NO. 61
DATE : 30.06.2025
Appearances:-
Adv. Sagar Chourasia h/f Adv. B. P. Shukla for plaintiff.
Adv. Ramesh Kumar Singh for defendant.
ORDER
(Dictated and pronounced in open Court)
Instant application is filed by the defendant for recall
of the witness No.1 of plaintiff. It is pleaded in the application that
the earlier Advocate failed to bring on record certain material facts
pleaded in the application and therefore, instant application is
moved.
2. Plaintiff contested the application by filing Reply
(Exh.25) and has pleaded that the application itself is not tenable.
Same is moved after a span of around 15 months when the matter
was adjourned as last chance for evidence of defendant. The
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Order Below Exh.24 2 Suit No.998/2019
provision of Order XVIII Rule 17 does not apply. Hence, prayed for
rejection.
3. Heard both sides. Perused record.
4. The application is not on oath nor in the prescribed
proforma and therefore, the Ld. Advocate for the plaintiff took his
objection on maintainability of instant application and has relied
upon Judgment in the matter of ‘Anandrao Vithoba Pawar’ Vs.
Mumbai Building Repair and Reconstruction Board and Ors., in
Writ Petition No.9357/2013’, wherein Hon’ble Bombay High Court
has held that “all these applications are required to be supported
by an affidavit of the party making the application. Even it is held
that for different types of relief, Notice of Motion, Chamber
Summons, Judges Order and Chamber Order are the types of
application. It has been held that the procedure prescribed is
expected to be followed by the litigants, lawyers and the Court and
there can be no exception to it. The application which is not in the
prescribed proforma and is not supported by affidavit therefore,
itself is not tenable.”
5. Now, coming to the merits of the application, only
pleading in the application is that cross-examination was taken by
earlier Advocate and he failed to bring on record material facts. It
is pleaded that questions were not asked by the Advocate to the
witness about plaintiff and her husband making bogus papers
against defendant, filing of MECR/FIR and about the sources of
the document. The Ld. Advocate for defendant submitted that, no
prejudice will be caused to the plaintiff in case permission is
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Order Below Exh.24 3 Suit No.998/2019
granted for further cross-examination.
6. It is important to note that the cross-examination of the
plaintiff witness was completed on 06.12.2022. Thereafter,
evidence of plaintiff was closed and the matter was fixed for
evidence of defendant. Defendant sought time to lead the evidence
on each occasion and the application (Exh.23) was granted as last
chance. Thereafter, instant application has been filed. The scope of
Order XVIII Rule 17 for recalling witnesses for the purpose of re-
examination or further cross-examination is limited and cannot be
used for filling up lacuna which remained on record during the
cross-examination. As such, no case is made out for recalling the
plaintiff witness No.1 for the purpose of further cross-examination.
In view of my aforesaid discussion, application itself is not tenable.
Accordingly, I passed the following Order: -
ORDER
1. Application at (Exh.24) is rejected.
2. Accordingly, application at (Exh.24) stands disposed off.
DATE: 30.06.2025 (A. C. DAGA)
JUDGE, CITY CIVIL COURT
& ADDL. SESSIONS JUDGE,
GR. MUMBAI.
Dictated on : 30.06.2025
Transcribed on : 30.06.2025
Checked on : 30.06.2025
Signed on : 30.06.2025
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Order Below Exh.24 4 Suit No.998/2019
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER"
DATE: 30.06.2025, AT 05.58 P. M. Siddhesh S. Shirke
STENOGRAPHER (GRADE-I)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
no.)
: SHRI A. C. DAGA (C. R. NO.
61)
Date of pronouncement of
Judgment/order : 30.06.2025
Judgment/order signed by the P. O.
on : 30.06.2025
Judgment/order uploaded on : 30.06.2025
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