-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2648 OF 2008 PETITION NO. 2648 OF 2008 PETITION NO. 2648 OF 2008 Jialal Hansraj Mehra : Petitioner v/s Rajesh Hastimal Jain : Respondents Mr. Dharam Sharma i/b Dharam & co.Advocate for petitioner Mr. Lalit Jain for respondents Coram Coram Coram : A.A. Sayed,J : A.A. Sayed,J : A.A. Sayed,J Date:27.6.2008 Date:27.6.2008 Date:27.6.2008 P.C. 1. The "No cross" order was set aside by the order which is impugned in this petition. 2. The learned counsel for the petitioner, who is the plaintiff/landlord has submitted that the petitioner is 74 years old and suffered a paralytic stroke and has to come from Amritsar to make himself available for cross examination and that on the relavant day when the matter was fixed, the advocate for the respondnet/ defendant did not make himself available to cross examine the petitioner and therefore an application was made by the petitioner to have the evidence closed, which came to be allowed and ’No cross’order was passed. Therefore, the impugned order was passed setting aside the order of ’No cross’. -2- 3 It is not in dispute that after passing of the order of ’No cross"the advocate for the respondent had appeared in the matter and submitted that he was ready to proceed with the matter however by that time the petitioner had left the court. 4. Considering the facts and circumstances of the case in my view it would be appropriate that the petitioner makes himself available for cross examination since it is his suit. 5. The learned counsels agree and state that they will make a joint application before the trial court on 7.7.2008 for appointment of commissioner to record the cross examination of the petitioner, who will make himself available for cross examination on the agreed date. The learned counsel for the respondent submits that he would not take more than two sittings to complete the cross examination. The statements are accepted. The respondent tenant is directed to pay costs of Rs. 2000/- to the petitioner for having to make himself available again for cross examination. 6. With the above observations and directions the writ petition is disposed of. (A.A.Sayed,J)