M/S Ishwari Prasad Devi Prasad vs Smt. Vishu Agarwal
2018 Latest Caselaw 1893 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR
 
Court No. - 30
 
Case :- MATTERS UNDER ARTICLE 227 No. - 5529 of 2018
 
Petitioner :- M/S Ishwari Prasad Devi Prasad
 
Respondent :- Smt. Vishu Agarwal
 
Counsel for Petitioner :- Sudhanshu Kumar,Swapnil Kumar
 
Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner and perused the record.

Present petition has been filed challenging the order dated 6.7.2018 passed by the Prescribed Authority, Agra/Additional Civil Judge (S.D.) Court No. 6, Agra in P.A. Case No. 75 of 2013 Smt. Vidhu Agarwal vs. M/s Ishwari Prasad Devi Prasad.

By the impugned order dated 6.7.2018, the prescribed authority has rejected the application filed by the tenant (petitioner herein) for cross-examining the landlord. The same has been rejected that no evidence on affidavit has been filed by the tenant despite of the time repeatedly being granted and it has not been shown by the tenant what was the exceptional circumstance and which uncertainty he wanted to clear by cross-examination as cross-examination can be permitted only in exceptional circumstances. It has also been noticed that it is a PA Case, which is pending since the year 2013 and therefore, the application has been moved to delay the proceedings.

Submission of the learned counsel for the petitioner is that the grounds shown in the impugned order are baseless and there is no requirement of law that the tenant should first file his evidence and only thereafter the prayer for cross-examination can be made. It is further submitted that there is no bar in cross-examination of the witnesses. He has placed reliance on the judgement of this Court rendered in the case of Khushi Ram Dedwal vs. Additional Judge Small Causes Court/Prescribed Authority, Meerut and others, 1997 (2) ARC 674 in support of his argument.

I have considered the submissions of learned counsel for the petitioner and perused the record.

On perusal of the record, I find that it is not dispute that no evidence has been given till date by the tenant-petitioner. There is no dispute about the law that the Court has power to cross-examination of a deponent, however, it is also well settled law that in summary proceedings normally cross-examination is not to be permitted and in case it is permitted, valid reasons are to be given. This right is not absolute. A reference in this regard may be made to a judgement rendered in the case of Karim H. Khan vs. Syeed Jahan Khan, 2017 (1) ARC 102.

In such view of the matter, I do not find any legal infirmity in the impugned order wherein the Court below has recorded cogent reasons for refusing the permission for cross-examination.

Present petition is devoid of merit and accordingly dismissed.

Order Date :- 8.8.2018

Abhishek