Leela Ram & Anr. vs Mahinder Lal
2010 Latest Caselaw 136 Del

     *             IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of Order: January 12, 2010
+ CM(M)30/2010
%                                                                12.01.2010
     Leela Ram & Anr.                                    ...Petitioners
     Through: Mr. Amarjeet Singh Sahani, Advocates

         Versus

         Mahinder Lal                                             ...Respondents
         Through: Nemo

         JUSTICE SHIV NARAYAN DHINGRA

1.       Whether reporters of local papers may be allowed to see the judgment?

2.       To be referred to the reporter or not?

3.       Whether judgment should be reported in Digest?


         JUDGMENT

1. By this petition the petitioners have assailed the order dated 30 th April, 2008

passed by learned trial court whereby the cross examination of RW-1 and RW-2 was

closed as the counsel for the petitioner did not appear for cross examination of these

two witnesses.

2. The learned trial court while closing the cross examination observed that even

on earlier hearing, the witnesses were not cross examined by the counsel for the

petitioner and cost was imposed. Again on the date fixed for cross examination, the

counsel for the petitioner was not available and was stated to be busy in another

District Court at Patiala House. The trial court turned down the request for

adjournment and closed the cross examination of above witnesses.

3. I find that the impugned order passed by learned trial court is perfectly within

jurisdiction. The witnesses cannot be made to run to the Court time and again

because the counsel has no time for cross examination. The petition has no merits

and is hereby dismissed.

January 12, 2010                                           SHIV NARAYAN DHINGRA J
rd

CM(M) 30 of 2010       Leela Ram & Anr. vs. Mahinder Lal                 Page 1 Of 1