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2025 DAILYLAW 46082 (RAJ)

RAM GILAS @ RAM VILAS SON OF SHRI CHIRANJI v. GOVERDHAN SON OF SHRI NARAYAN

CW/15258/2025 · 2025-10-06

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:40430] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15258/2025 Ram Gilas @ Ram Vilas Son Of Shri Chiranji, Aged About 66 Years, R/o Udai Khurd, Tehsil Wajirpur, District Sawai Madhopur. ----Petitioner Versus 1. Goverdhan Son Of Shri Narayan, Aged About 65 Years, R/o Udai Khurd, Tehsil Wazirpur, District Sawai Madhopur 2. Bank Of Baroda, Branch Udai Kalan Through Manager, District Sawai Madhopur. 3. Sub-Registrar, Tehsil Wajirpur, District Sawai Madhopur. 4. State Of Rajasthan, Through District Collector, Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. T.S. Choudhary Mr. Rajendra Prasad Gautam For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 06/10/2025 1. The present writ petition has been filed by the petitioner with a prayer to quash and set aside the impugned order dated 30.08.2025 and to allow the petitioner to re-examine for clarifying the facts recorded in cross-examination. 2. Learned counsel for the petitioner submits that the cross- examination lasted for five months, but during the said cross- examination, the counsel for the respondent has asked certain questions regarding which no issues were framed and in the cross- examination, certain incorrect answers have been recorded, [2025:RJ-JP:40430] (2 of 2) [CW-15258/2025] therefore, the petitioner prays that the permission may be granted for re-examination to clarify the evidence so far recorded. 3. Heard the submissions made at bar. 4. From a bare perusal of the impugned order, it is evident that the petitioner has sought a prayer for re-examination in order to remove ambiguity with respect to certain facts recorded in the cross-examination, on the ground that no issues were framed in that regard and certain incorrect answers were recorded. 5. It is a trite law that re-examination cannot be permitted to fill up any lacuna/loophole or patch up/withdraw any admission made in the cross-examination. Further, the permission of re- examination cannot be granted merely to explain the facts already recorded in the cross-examination, since it is always open for the petitioner to explain any part of his statement at the time of final hearing of the suit concerned. 6. In view of the above, the contentions of the counsel for the petitioners are rejected. 7. Resultantly, the learned Court below has not committed any kind of jurisdictional error in passing the order dated 30.08.2025 and acted well within its parameters. Therefore, no interference is called for under Article 227 of the Constitution of India. 8. In the result, the writ petition fails and the same is hereby dismissed with no order as to costs. 9. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /8