S.B.CIVIL MISC. WRIT PETITION NO. 9743/2009 (Mohd. Ibrahim vs. Mohd. Hanif) Order dt: 3/2/2010 1/2 S.B.CIVIL MISC. WRIT PETITION NO. 9743/2009 (Mohd. Ibrahim vs. Mohd. Hanif) DATE OF ORDER : 3/2/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.D.R.Bhandari, for the petitioner. Mr.Harish Purohit, ] Mr.B.L.Choudhary, ] Mr.R.S.Mankad for ] for the respondents. Mr.Deelip Kawadia,] This writ petition is directed against the order dated 6/7/2009, whereby, the learned trial court has refused the opportunity to cross examine to the plaintiff in a suit for specific performance. The learned trial court has only observed that the plaintiff will not be allowed to cross examine the defendant no.1, whereas, other co-defendants will be entitled to cross examine the defendant no.1. Learned counsel for the petitioner plaintiff submitted that the right of cross examination of the plaintiff could not be curtailed in this manner. A bare perusal of the impugned order indicates that no cogent S.B.CIVIL MISC. WRIT PETITION NO. 9743/2009 (Mohd. Ibrahim vs. Mohd. Hanif) Order dt: 3/2/2010 2/2 reason has been given by the learned trial court for denying the said opportunity of cross examination to the plaintiff. It only says that from the file it appears that the plaintiff does not have any interest in the suit against the defendant no.1. Neither the pleadings of the parties have been discussed in this regard nor any evidence has been referred to. This shows non-application of the mind on the part of learned trail court while passing the impugned order. Consequently, this writ petition is allowed and impugned order dated 6/7/2009 is set aside. Learned trial court shall decide the right of the parties as to cross examination de novo. (DR.VINEET KOTHARI), J. item no. 69 baweja/-