Sunita vs Sushil Kumar
2022 Latest Caselaw 7274 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6719/2022

Sunita D/o Shri Ajit Kumar Salgiya, Aged About 44 Years, Resident Of Mohalla Salampura, Pratapgarh (Rajasthan).

----Petitioner Versus Sushil Kumar S/o Shri Indermal, Resident Of Jhandagali, Pratapgarh (Rajasthan).

                                                                ----Respondent


For Petitioner(s)        :     Mr. Vinay Jain
                               Mr. Narayan Yadav



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

16/05/2022

This writ petition is filed by the petitioner being aggrieved

with the order dated 26.04.2022 passed by the Addl. Civil Judge &

Judicial Magistrate, Pratapgarh (for short 'the trial court') whereby,

the trial court has rejected the application filed by the petitioner to

allow her to complete cross-examination of the plaintiff.

The brief facts of the case are that in the suit preferred on

behalf of the respondent in the court of Additional Civil Judge,

Pratapgarh, evidence of the plaintiff-respondent was going on and

counsel for the petitioner was cross-examining him, however, the

said cross-examination was deferred for a break and after break,

when counsel for the petitioner has failed to appear before the

trial court and remained absent till the court's time is over, the

trial court has closed the opportunity of the petitioner to cross-

examine the plaintiff.

(2 of 2) [CW-6719/2022]

Learned counsel for the petitioner has submitted that since

counsel for the petitioner was busy in some other court, he could

not appear to complete cross-examination of the plaintiff before

the trial court. Learned counsel for the petitioner has further

submitted that the petitioner is ready to complete the cross-

examination of the plaintiff on the next date of hearing before the

trial court and for that purpose, the petitioner is also ready to pay

a reasonable cost to the plaintiff.

Issue notice. Issue notice of stay petition also.

In the meanwhile, the trial court is directed to allow counsel

for the defendant-petitioner to cross-examine the plaintiff-

respondent subject to the condition that the petitioner shall pay

cost of Rs.1,000/- to the plaintiff.

It is made clear that if the cost as directed above is not paid

or counsel for the petitioner fails to complete the cross-

examination of the plaintiff before the trial court on the next date

of hearing i.e. 20.05.2022, no further opportunity will be granted

to the petitioner to complete the cross-examination of the plaintiff.

It is also made clear that if the plaintiff refuses to accept the

cost as ordered by this Court, further proceedings in connection

with Suit No.10/2016 titled as 'Sushil Vs. Sunita' shall remain

stayed.

List on 06.07.2022.

(VIJAY BISHNOI),J

54-AjaySingh/-

Powered by TCPDF (www.tcpdf.org)