IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4759 OF 2008 (Arising out of S.L.P. (C) No.8433 of 2007)

Punit Ahluwalia        ...Appellant(s)

Versus

Arjan Singh & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The Trial Court rejected the prayer made on behalf of the appellant for

cross-examination of P.Ws.1 and 2.  The said order has been confirmed by the High

Court.  Hence, this appeal by special leave.

The appellant was impleaded in the suit as a defendant on the ground that

he  purchased  the  suit  property  during  its  pendency.   Prior  to  his  impleadment,

P.Ws.1 and 2 were examined on behalf of the plaintiffs.  As the appellant has been

already  impleaded  as  party,  in  our  view,  the  Trial  Court,  by  its  order,  was  not

justified  in  refusing  the prayer  for  cross-examination  of  P.Ws.1 and 2,  who  were

already examined on behalf of the plaintiffs,  and the High Court failed to exercise

jurisdiction vested in it under law in refusing to interfere with the same.

The civil appeal is, accordingly, allowed, the impugned orders are set aside

and prayer for cross-examination of P.Ws.1 and 2 is granted.

Let hearing of the suit be expedited.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, August 01, 2008.