Delhi High Court
Vijay Kumar vs C S Valsala Kumaran Nair on 6 October, 2023
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 06.10.2023
+ CM(M) 1392/2018
VIJAY KUMAR ..... Petitioner
Through: Mr. S.K. Bhalla, Advocate
versus
C S VALSALA KUMARAN NAIR ..... Respondent
Through: Mr. A. Maitri and Ms. Radhika
Chander Sekhar, Advocates
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
CM APPL. 47586/2018 (For Exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1392/2018
1. This petition filed under Article 227 of the Constitution of India
impugns the order dated 13.08.2018 and 17.09.2018 passed by the
Additional District Judge -02, West, Delhi in civil suit bearing no. 116/27/15
(New No. 609668/2016) titled as Vijay Kumar v. C.S. Valsala Kumaran
Nair ('Trial Court').
1.1. The Petitioner is the original plaintiff and the Respondent is the
Signature Not Verified
Digitally Signed
By:Rashmi Dabas
Signing Date:07.10.2023
17:38:22
original defendant in the said civil suit.
1.1. The Trial Court vide order dated 17.09.2018 rejected the application
of the Petitioner for recalling of the order dated 13.08.2018, wherein the
right of the plaintiff to file affidavit of the witnesses by way of evidence of
examination in chief was closed.
1.2. The civil suit has been filed by the Petitioner under order XXXVII of
Civil Procedure Code, 1908 (CPC) for recovery of the total amount of Rs.
48,482,95/- against the Respondent.
2. With the consent of the parties, the said orders are set aside on the
following terms: -
i. Learned counsel for the plaintiff states that with reference to the list of
witnesses filed as annexure P-7 to this petition, the plaintiff does not propose
to examine the witness listed at Serial Nos. 3, 12, 13, 14 and 15.
ii. He states that the plaintiff only proposes to examine the witnesses
listed at Serial Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11.
iii. He states that the plaintiff has already filed the evidence affidavit of
witness No. 1 i.e., the plaintiff himself.
iv. He states that the evidence affidavit of proposed witnesses listed at
Serial Nos. 2, 8, 9, 10 and 11 will be filed and served on the counsel for the
defendant within a period of four (4) weeks.
v. He states that no other witness is proposed to be examined.
vi. He states that the plaintiff will duly cooperate with the Trial Court in
recording of the evidence and not seek adjournments.
vii. He states that the witnesses at Serial Nos. 4, 5, 6 and 7 have to be
summoned and the plaintiff will take steps to summon the said witnesses
after the evidence of witness enlisted at Serial Nos. 1 and 2 stands
Signature Not Verified
Digitally Signed
By:Rashmi Dabas
Signing Date:07.10.2023
17:38:22
concluded.
3. Learned counsel for the defendant states that he has no objection to
the aforesaid schedule proposed by the plaintiff.
4. The Petitioner and the Respondent are bound down to the statements
made before this Court.
5. The matter is listed before the Trial Court on 19.10.2023.
6. The parties are directed to appear before the Trial Court on the said
date and the learned Trial Court is requested to fix the matter for recording
the evidence of the plaintiff on the said date.
7. With the aforesaid directions, the present petition is allowed in the
aforesaid terms. Interim orders stand vacated.
8. Pending Applications, if any, shall stand disposed of.
MANMEET PRITAM SINGH ARORA, J
OCTOBER 6, 2023/rhc/ms
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Signature Not Verified
Digitally Signed
By:Rashmi Dabas
Signing Date:07.10.2023
17:38:22
