High Court of Punjab and Haryana, Chandigarh
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Tej Pal Singh Randhawa & Anr. v. Anureet & Ors. - CR-1338-2006  RD-P&H 1505 (7 March 2006)
C.R. No.1338 of 2006
DATE OF DECISION:7.3.2006.
Tej Pal Singh Randhawa and another.
Anureet and others.
HON'BLE MR. JUSTICE M.M.KUMAR,
Present:- Mr.Sudeep Mahajan,Advocate
for the petitioners.
The order dated 27.7.2005 passed by the Trial Court has been made the subject matter of challenge in this petition filed under Article 227 of the Constitution. The testimony of Karnal Singh (DW-12) has been struck off from the record on the ground that this witness has already been examined on 27.7.1998 as DW-4. Holding that there is no provision for recalling the witness except with the leave of the Court, the trial court has reached the aforementioned conclusion.
After hearing learned counsel, I am of the considered view that the order passed by the trial court does not suffer from any legal infirmity warranting interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution. Both the statements of Karnail Singh as DW.4 as well as DW.12 have come on record. The one which has been recorded later has been struck off on the ground that there was no leave of the Court obtained by the petitioners before recalling Karnail Singh. Such orders are appealable after the decision by the trial court. No manifest injustice has been caused to the petitioners. Accordingly, this petition fails and the same is dismissed.
March 7,2006 (M.M. KUMAR)
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