2008 INSC 1661
                                    SUPREME COURT OF INDIA

                                              Punit Ahluwalia

                                                      Vs.

                                                 Arjan Singh

                                           C.A.No.4759 of 2008

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  01.08.2008

                                                   ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. 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.

4. 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 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.

5. 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.

6. Let hearing of the suit be expedited.

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