1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3098 OF 2009 (IQBALKHAN LATIFKHAN & OTH. VS. SMT. ZUBEIDA BEGUM SK. KASAM & OTH.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.S.Chandurkar, Advocate for Petitioners. CORAM : R.C.CHAVAN, J. DATED : JULY 29, 2009. 1. Heard learned counsel. 2. The petitioner is aggrieved by an order passed by the learned Civil Judge Junior Division, Samudrapur, below Exh.106, in Regular Civil Suit No.16 of 2008, whereby he permitted re-examination of the plaintiff on notice Exh.100, which was referred to by the defendants in course of the cross-examination, after having filed it with list Exh.15 as far back on 3rd April, 1995. 3. Ordinarily the learned Judge should have seen that the notice was on record and if the plaintiff wanted to tender any explanation she could have done so in 2 examination-in-chief itself. The defendants had put the plaintiff to sufficient notice that they would be relying notice at Exh.100. The plaintiff could have explained the notice in examination-in-chief and then the defendants could have cross-examined the plaintiff on that notice. That should have been the end of the matter. It is really not clear as to why the learned Judge felt that re-examination could be permitted when he should have seen that the re- examination, which would tend to dilute the effect of cross- examination can not be permitted. The order also does not make it clear as to what clarification is required in respect of Exh.100 or what ambiguity is left in the cross-examination, which needs to be clarified. 4. All the same, one sin need not be corrected by another sin by entertaining this petition and interfering in the trial. The learned Judge would undoubtedly consider that effect of cross-examination is not to be lightly brushed aside by resorting to such gimmick. With these observations, the petition is, dismissed. JUDGE RR.