TMI Blog2009 (11) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Leaned counsel for the Petitioner submits that as the provisions of Code of Civil Procedure in view of Section 34 of the Act and Rule 22 of the U.P. Act No. XIII of 1972 are applicable, therefore, being such proceedings on an application made by the Petitioner, she is entitled to cross-examine the Respondents. She placed reliance upon a judgment of this Court in the case of Rang Lal v. Prescribed Authority and Anr. reported in 1982 ARC (1) 449. Taking support of the aforesaid judgment, learned Counsel for the Petitioner submits that this Court has held that in such circumstances, if the application has been filed, she may be permitted to cross-examine because under Order XIX of the Code of Civil Procedure an affidavit may be permitted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is necessary . The effect of this proviso was considered by a Division Bench of this Court in Assam Dass v. Prescribed Authority/ Civil Judge, Mohan Lal Ganj. Lucknow and Anr. 1996 (2) A.R. C. 92 and it was held that if the Prescribed Authority is satisfied that the cross-examination is necessary, it can allow a party to cross-examine the deponent of an affidavit. The Court observed: In our view a conjoint reading of Rule 1 of Order XIX, Code of Civil Procedure and Section 324 of the Act makes it quite manifest that if the Prescribed Authority is satisfied that it is necessary for the ends of justice and to elicit truth that the deponent of the affidavit should be called upon to appear before it for the purposes of cross-examination, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned then it would not be possible to decide the release application under Section 21(1) of the Act within a period of two months. It may be that when the case is being decided a party file as application for cross-examination only to delay the proceedings. The Court has to examine in each case as to whether on the facts and circumstances of the case, cross-examination is necessary and the application filed for cross- examination is bonafide. If the matter relates as to the extent of the accommodation or the matter which could be verified on inspection, the cross- examination will be hardly relevant. If the question arises regarding title of the property which can be decided on the basis of the documentary evidence, the cross-examination ..... X X X X Extracts X X X X X X X X Extracts X X X X
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