2025 (1) TMI 1556

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....er. Shri Amit Sharma - Government Advocate for the respondent No.3/State. ORDER Heard on I.A. No.24228/2024, an application for ignoring the defaults. On due consideration, I.A. No.24228/2024 is allowed. Defaults are ignored. Heard on the question of admission. This miscellaneous petition under Article 227 of the Constitution of India has been filed seeking following reliefs :....

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.... that evidence of both the parties have been recorded by the Trial Court. Plaintiff/petitioner had moved an application under Order 18 Rule 17 of CPC to recall and re-examine defendant No.1 Abhayraj Singh on the point of demarcation and diversion of the plot but the learned Trial Court has dismissed the said application by impugned order dated 19.12.2024 and has fixed the case for final arguments.....

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....e defendant. As counsel appearing for the plaintiff did not raise any objection, the Trial Court permitted the plaintiff to cross-examine the defendant and thereafter a lengthy cross-examination was made by the plaintiff himself who is a practicing advocate. His evidence was closed after examining and cross-examining him fully. Plaintiff moved application under Order 18 Rule 17 of CPC stating that....