Joginder Pal Sharma And Ors. vs Veerpal And Ors
2009 Latest Caselaw 3983 Del

26
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +      CM(M) No.983/2009

%                              Date of decision: 25th September, 2009

      JOGINDER PAL SHARMA AND ORS.           ..... Petitioners
                    Through : Mr. G.K. Sharma, Adv.

                    versus

    VEERPAL AND ORS                      ..... Respondents
                  Through : Ms. Manjeet Chawla, Adv.
                            for R - 3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may              NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?             NO

3.      Whether the judgment should be                     NO
        reported in the Digest?

                             JUDGMENT (Oral)

1. The learned counsel for the petitioners submit that the case

is listed for final arguments before the learned Tribunal on 1 st

October, 2009. The learned counsel for the petitioners further

submit that though he wants to examine ten witnesses but he

gives up nine witnesses and would be satisfied if he is permitted

to examine only one witness, namely, Sudarshna Sharma, mother

of the deceased. The learned counsel for the petitioners further

submit that affidavit by way of evidence of Sudarshna Sharma is

ready with him. Copy of the said affidavit has been tendered to

this Court which is taken on record. Copy of the same along with

the exhibits is also tendered to learned counsel for the

respondents. The learned counsel for the petitioners further

submit that he shall produce Smt. Sudarshna Sharma for cross-

examination on 1st October, 2009 and that he shall not seek any

adjournment on 1st October, 2009 and shall also submit the final

arguments on that date.

2. The learned counsel for the respondents do not oppose the

petition provided that the petitioner produces the witness,

Sudarshna Sharma on 1st October, 2009 and does not seek

adjournment on that date for final arguments.

3. With the consent of the parties, the petition is partially

allowed and the learned Tribunal shall take the evidence of

Sudarshan Sharma by way of an affidavit on record on 1st

October, 2009 and shall endevour to record the cross-

examination and hear final arguments on that date.

4. If the petitioner fails to submit the affidavit of witness or

fails to produce Sudarshna Sharma for cross-examination and

fails to submit final arguments on 1st October, 2009, the

petitioner would not be entitled to led the evidence of Sudarshna

Sharma permitted by this order.

5. Copy of this order be sent to the learned Tribunal for

compliance.

6. Copy of this order be given 'Dasti' to learned counsel for

both the parties under signatures of Court Master.

J.R. MIDHA, J SEPTEMBER 25, 2009 mk