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2025 DAILYLAW 152696 (ALL)

KANTI SINGH v. GEETA DEVI

A227/4325/2025 · 2025-07-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43493 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4325 of 2025 Petitioner :- Kanti Singh Respondent :- Geeta Devi Counsel for Petitioner :- Adarsh Kumar Maurya,Alka Rani,Ambrish Kumar,Rupali Srivastava,Shubham Yadav Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and perused the material brought on record. 2. The present petition has been filed challenging the orders dated 26.09.2024 and 16.01.2025 passed by the Additional Civil Judge (Junior Division), Court No.- 07, Lakhimpur Kheri, whereby the application for recall of the witness for cross- examination was rejected, as well as the order dated 07.03.2025, whereby the revision was dismissed. Brief facts of this case that the opposite party has instituted a suit in the year 2016 in which the P.W.-1 was examined, as the petitioner did not cross-examine, the right of cross-examination was closed on 28.03.2019. Subsequently, an application was moved for recall of the said order and for permission to cross- examine, which was granted and part cross-examination was done on 03.07.2024 and, thereafter, the petitioner further did not cross- examine which resulted in closure of the opportunity to cross- examine on 26.09.2024. Once again, an application was moved for perpetual to cross examine. The said application was rejected noticing the conduct of the petitioner and the revision preferred against the said order was also dismissed. 3. Considering the conduct of the petitioner in between the proceedings, the present petition is disposed of with a direction that in case, the petitioner pays an amount of Rs. 25,000/- she would be permitted to cross-examine the P.W.-1, however, no more than two dates will be given for cross-examination by the Civil Judge concerned. 4. In the event of non-payment of Rs. 25,000/- as cost or non- completion of cross-examination within two dates, the right of cross-examination shall be closed and the suit shall be decided expeditiously. Order Date :- 28.7.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench