Order no. 5, dt. 23.8.2023

This case record is taken up for consideration for passing order in this MA case which has been cropped up in view of the application filed under order 18 rule 17 read with section 151 C.P.C for recalling and examine Opposite Party-3.  This prayer of the petitioner has been contested by the OP and written objection has been filed against the said application.

Heard advocate of both sides considered submission.

Perused the application filed under order 18 rule 17 read with section 151 CPC and its  written objection.  It is the main point of contention and argument of the petitioner side that there is urgency for recalling OPW-3 for further examination.  On the other hand, the OP opposed this prayer by pointing out that there is no such provision in the consumer protection act, 2019 and so this petition is liable to be dismissed.

It is admitted fact that there is no provision of examination in chief or for cross-examination of a witness by standing on the witness dock and so the above noted prayer of the petitioner /applicant side cannot be allowed.  However, the petitioner side is given liberty of putting / filing interrogatories in respect of the evidence given by OPW-3.

In the result of the observation made above, this MA case is disposed of.  Petitioner side is given liberty to produce and / or file interrogatories against the evidence on affidavit filed by OP-3.