Delhi High Court - Orders
Arun Kumar Singla vs Harish Kumar (Deceased) Through Lrs & ... on 26 September, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1221/2023
ARUN KUMAR SINGLA ..... Petitioner
Through: Mr. Abhimanyu K. Singla, Advocate
versus
HARISH KUMAR (DECEASED) THROUGH LRS & ORS.
..... Respondents
Through: Ms. Usha Srivastava, Advocate for
R-2 and R-3 along with the said
respondents in person
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 26.09.2023 CM APPL. 39052/2023(stay) & CM(M) 1221/2023
1. The learned counsel for the Respondent states that from the list of witnesses filed on 03.09.2019, the Respondent has taken steps for summoning witness nos. 1, 2 and 3 in terms of the directions issued by the Trial Court vide order dated 24.05.2023 and filed the process fee to enable the said witnesses to remain present before the Trial Court on 12.10.2023. 1.1. She states that with respect to the witness nos. 4, 5 and 7 as well, she will take steps immediately for summoning the said witnesses for the hearing scheduled on 12.10.2023.
1.2. She states that witness No. 8 has since expired and therefore she will not be leading any evidence with respect to the said witness. She states that with respect to the witness no. 6 i.e., the expert, the Respondent have as on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 01:27:10 date not engaged any expert. She states that the expert witness will be produced by Respondent Nos. 2 and 3 at their own risk and costs. No adjournment will be sought on this account.
1.3. She however, states that she has no objection if the recording of the evidence is made time bound and the Respondents will take steps for leading expert evidence within the time fixed by this Court. 1.4. She states that Respondent Nos. 2 and 3 undertake not to seek any adjournment before the Trial Court and cooperate in expeditious recording of the evidence.
2. The learned counsel for the Petitioner states that he will be ready to cross-examine the summon witness on 12.10.2023.
3. In the facts of this case, the civil suit was instituted on 01.12.2012, the issues were framed in the year 2014 and the plaintiff evidence stood concluded on 30.10.2018. Since then, the matter is remained pending for five years for defendant evidence and in these facts, the defendant list of witnesses running up to eight (8) witnesses has been filed.
4. With a view to avoid any further delay in recording of evidence and with the consent of the parties, it is directed that the defendant's evidence be recorded within three (3) months from 12.10.2023 i.e., the next date of hearing already fixed before the Trial Court, except for the summoned witnesses. The learned Trial Court is requested to record the defendant evidence expeditiously.
5. It is directed that in case party witnesses and the expert witness are not produced by the Respondent at its own risk and costs, the evidence of the party witness and expert witness shall stand closed without any further grant of extension of time by the Trial Court on expiry of the period of three This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 01:27:10 (3) months.
6. With respect to the summoned witnesses, in case, the Respondent Nos. 1 and 2 do not complete the testimony of the said witnesses within three (3) months, the Trial Court will examine, if grant of further time is merited.
7. The learned Trial Court is requested to exercise its jurisdiction under Order 17 CPC in case, it is of the opinion that the parties are seeking unnecessary adjournment.
8. With the aforesaid directions, the present petition is disposed of.
9. Pending applications stand disposed of.
MANMEET PRITAM SINGH ARORA, J SEPTEMBER 26, 2023/hp/aa Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 01:27:11