Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1941 of 2018 Petitioner :- Jitendra Singh Respondent :- Vipin Kumar Counsel for Petitioner :- Siddhartha Srivastava
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 26.2.2018, the Additional Civil Judge (Sr. Div.), Court No. 4, Ghaziabad, in course of proceedings of Original Suit No. 218/2016, has rejected an application 40Ga filed by the plaintiff petitioner for summoning certain persons as Court witnesses. The application has been rejected by observing that the evidence of the plaintiff was closed long back, and at present the cross-examination of the defendant is in progress, consequently, at this stage, no ground is made out for allowing such an application.
In the opinion of the Court, the order impugned is purely an interlocutory one and does not warrant scrutiny in exercise of supervisory power under Article 227 of the Constitution. It is always open to the petitioner to challenge the said order, in case, the suit is ultimately decided against the petitioner, and the final judgment is subjected to challenge in appeal.
The petition is accordingly dismissed, at this stage.
(Manoj Kumar Gupta, J.) Order Date :- 29.3.2018 AM/-