Delhi High Court
Yogesh vs Sunhari Singh Deceased Thr Lrs And ... on 21 September, 2022
$~21(Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 847/2022 & CM APPL.36711/2022
YOGESH ..... Petitioner
Through: Mr. Pradeep Tiwari and
Ms.Aastha Mishra, Advs.
versus
SUNHARI SINGH DECEASED THR LRS AND ORS
..... Respondents
Through: Mr. A.K.Thakur and
Ms.Anushruti Tripathi, Advs. for R-1
Mr.K.L. Chaudhary, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (O R A L)
% 21.09.2022
1. This petition under Article 227 of the Constitution of India
assails orders dated 6th April 2022 and 21st May 2022, passed by the
learned Senior Civil Judge in CS 04/2016 (Jagdish v. Sunhari Singh).
By the order dated 6th April 2022, the learned SCJ closed the evidence
of the petitioner (PE). The petitioner moved an application under
Section 151 of the Code of Civil Procedure, 1908 (CPC), which was
dismissed vide subsequent order dated 21st May 2022.
2. Assailing the aforesaid two orders, the petitioner has invoked
the jurisdiction vested in this Court by Article 227 of the Constitution
of India.
Digitally Signed
By:KAMLA RAWAT
Signing Date:23.09.2022
13:36:17
3. The petitioner has placed on record the entire order sheets of the
learned SCJ. On perusal of the order sheets, it is seen that
adjournments have been sought by both sides on various dates. The
respondent, as the defendant in the suit sought adjournment on 30th
April 2019, 25th July 2019, 16th September 2019 and 28th February
2020. On 10th January 2020, PW-1 was cross examined in part and
discharged again on request of learned Counsel for the respondent.
4. No doubt, there has been a certain degree of recalcitrance on the
part of learned Counsel for the plaintiff, i.e. the petitioner in the
present case.
5. Nonetheless, as there have been a fair number of occasions on
which PW-1 has been available for cross examination, but cross
examination could not take place on account of an accommodation
sought by the respondent, it would be in the fitness of things that one
fixed date be granted for the petitioner to make both his witnesses
PW-1 and PW-2 available for cross examination by the respondent.
6. Mr. Thakur, learned Counsel for the respondent has requested
that both the witnesses should be made available on the same date.
Mr. Tiwari, learned Counsel for the petitioner has agreed to the
request and submitted that, in case both the witnesses are not available
on the date fixed by this Court, he would restrict his evidence to the
witness who is available.
7. Accordingly, let both sides appear before the learned SCJ on 7 th
October 2022 on which date, it is reiterated that the petitioner would
Digitally Signed
By:KAMLA RAWAT
Signing Date:23.09.2022
13:36:17
make available the witness/witnesses whose evidence he seeks to lead
available for cross examination by the respondent.
8. No adjournment would be granted to either side on that ground
and the petitioner would restrict his evidence to the witnesses who
would be made available on the said date. Parties are directed to
ensure that the exercise of cross examination is concluded on that date
itself.
9. It is reported that the matter is next listed before the learned SCJ
on 22nd September 2022. The learned SCJ is requested to adjourn the
matter to 7th October 2022.
10. This petition stands disposed of in the aforesaid terms.
Miscellaneous application also stands disposed of.
C.HARI SHANKAR, J
SEPTEMBER 21, 2022/kr
Digitally Signed
By:KAMLA RAWAT
Signing Date:23.09.2022
13:36:17
