1 MCA-90-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi MISC. CIVIL APPLICATION NO. 90 OF 2010 M.C. Srivastav ... Applicant (Orig.Deft.No.5) Vs. Shri Bhalchandra Gajanan Bhatt & Ors. Respondents Mr.B.B.Nangare, i/b. Shri B.B.Nangare & Associates,Advocates, for the applicant. Mr.P.S.Dani,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 21st September, 2010. P.C. 1. Heard the learned Counsel for the applicant. 2. The only grievance of the applicant, who is the defendant No.5 in RAE Suit No. 272/688 of 2002 is that the plaintiff had made application Ex.160 seeking leave to cross-examine his own witness i.e. PW-4 Joseph B.Dias whose evidence was over. The plaintiff was allowed to cross-examine his own witness, and in cross-examination, he got certain admissions. However, thereafter the Advocate for the defendant No.5 was not allowed to cross-examine the said witness nor the learned Judge recorded that the permission for cross-examination was refused to the defendant No.5. The learned Counsel also states that if the 2 MCA-90-10.sxw defendant No.5 is allowed to cross-examine PW-4 Joseph Dias, the defendant No. 5 will also be required to examine one more defence witness. To this, the learned Counsel for the plaintiffs has no objection. In view of this, the learned Counsel for the applicant does not press the transfer application. 3. The application for transfer stands dismissed with the following directions :- The trial Court shall allow the defendant No.5 to cross-examine PW-4 - Joseph Dias and also allow him to examine one more defence witness. The trial Court shall fix the date for cross-examination of PW-4 and the defendant No. 5 shall also keep his defence witness present on the same day. The trial Court shall expedite and dispose of the suit by the end of October, 2010. (J.H.BHATIA,J.)