IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Revision No. 47 of 2011 Ambrish Kumar Son of Sri Gokul Chandra Agrawal, Resident of M/s Jai Bharat Clothes House, Durga Market, Sahukara Line, Haldwani, District Nainital. … Revisionist. Versus Sri K.S.Gupta, Son of Sri Kishori Lal, Resident of C-11/22, Bapa Nagar, New Delhi. … Respondent. Mr. Sudhir Singh, Advocate, learned counsel for the revisionist. Mr. Sudhir Kumar, Brief Holder, learned counsel for the respondent. Date July 18, 2011. Hon’ble B.S.Verma, J. (Stay Application No. 7141 of 2011) Heard learned counsel for the parties and perused the record. This revision under Section 25 of the Provincial Small Causes Court Act is directed against the order dated 5-7-2011 passed by the Judge, Small Cause Court/Additional District Judge/1st Fast Track Court, Nainital, in S.C.C. Suit No. 5 of 2010, Sri K.S.Gupta Vs. Sri Ambrish Kumar, whereby the application of the defendant-revisionist (paper no. 60-C) to recall the plaintiff for cross-examination on the ground of partition and ownership of the property in dispute has been dismissed. Briefly stated the facts giving rise to the present revision are that the respondent-plaintiff filed S.C.C. Suit No. 5 of 2010 for eviction against the revisionist-defendant on the ground of default in payment of rent after giving notice of termination of tenancy since the provisions of U.P. Act No. 13 of 1972 are not applicable to the case at hand, the rent of the disputed shop being more than Rs. 2000/- per month. According to the revisionist, the disputed shop was given on rent to him by the brother of the plaintiff and that the brother of the plaintiff-respondent is the owner and landlord of the disputed shop. According to the respondent- plaintiff, he is the landlord of the disputed shop. 2 By means of the application (Annexure No.3) the defendant has sought to recall the witness (plaintiff) for cross- examination on the points of family partition and ownership of the disputed shop. The learned trial Court after hearing learned counsel for both the parties, has observed in the impugned order that the plaintiff himself has admitted the partition of the shop in question, which was made in the year 2003. Learned counsel for the plaintiff-respondent has submitted that the decree of partition suit is placed on the original record and the document being a public document, the same can be read in evidence and there is no need to cross-examine the witness on the point of partition of the disputed shop. Learned counsel for the respondent has further submitted that if it is proved that the brother of the respondent-plaintiff is the owner and landlord, in that event, the suit will automatically fail. I have perused the written statement filed by the revisionist in the suit, which has been annexed as Annexure No. 2 to the revision petition. In the written statement, no such plea was raised by the revisionist-defendant how the partition was made between the brothers and there is no whisper as to partition of the disputed shop in favour of the defendant. In the absence of any pleadings, this Court is of the view that no cross-examination of the witness-plaintiff can be allowed. The learned trial court has dismissed the application of the revisionist-defendant on the ground that the partition of the disputed property had taken place in the year 2003 and that the partition decree is on the file and there is no need to cross-examine the witness on that point. Since there is no such pleading in the written statement to support the grounds taken by the defendant-revisionist to recall the witness for his cross-examination, I am of the view that the learned trial Court has rightly rejected the application of the 3 revisionist. I do not find any ground to interfere with the impugned order. The revision being devoid of merit must fail. The revision is dismissed. However, the learned Trial Court shall decide the S.C.C. Suit on merits in accordance with law, without being influenced by the observations made in this order. All pending applications stand disposed of. (B.S.Verma, J.) RCP