Delhi High Court - Orders
Sanjay vs Shiv Narayan & Ors on 14 January, 2019
Author: Manmohan
Bench: Manmohan
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 800/2013 & Crl.M.A.8790/2014, O.A.146/2018,
I.A.15621/2018
SANJAY ..... Plaintiff
Through Mr.Sunil Chauhan, Advocate.
versus
SHIV NARAYAN & ORS ..... Defendants
Through Mr.Tanmay Mehta with Mr.Piyush
Singh and Mr.Akshay Srivastava,
Advocates for D-1 & 2.
Mr.Naveen Tyagi, Advocate for D-3
to 5.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 14.01.2019 Today the plaintiff is personally present in Court and his statement has been recorded under Order 10 CPC.
This Court may mention that as the plaintiff had stated that he does not understand English, learned counsel for the plaintiff had translated the questions put by the Court and answers given by the plaintiff were duly translated by his counsel.
At the request of learned counsel for the plaintiff, list the matter for arguments on 25th February, 2019.
MANMOHAN, J JANUARY 14, 2019 KA CS(OS) No.800/2013 Sanjay Vs. Shiv Narayan & Ors.
Statement of Mr.Sanjay, S/o Late Sh.Narain Singh, R/o Village Kangan Heri, New Delhi (on SA) I am a real estate agent who is also involved in development of land. I have studied till class 12th.
I am an income-tax assessee for the last three years. A Pan card has been issued in my favour about three years ago.
Apart from the defendants in the present suit, there are other parties with whom I have entered into the transactions pertaining to purchase and sale of land.
It is true that I have filed similar cases against other land owners before this Court.
Q: Are there any other civil, criminal or income-tax cases pending against you or filed by you?
A: There is one more civil suit pending against me filed by Mr.Uday Raj. I shall file the details of the said suit within a period of one week. Q: Are you aware that your right to lead evidence, which was closed on 05th October, 2015, was restored vide order dated 11th July, 2016 after granting you last and final opportunity subject to payment of costs and another final opportunity was granted to you vide order dated 01 st May, 2017 subject to payment of further costs?
A: Yes. Q: Are you aware that vide order dated 12th September, 2017, it was
directed that no adjournment would be granted by the learned Joint Registrar in your case and due to your absence on 12th September, 2018, your evidence was closed?
A: Yes. Q: Are the medical certificates at pages 133 to 135 of Part-I file issued
by Dr.Pankaj Sharma (Exhibit X-1) and Dr.Vipin Talwar (Exhibit X-2)?
A: Yes. Q: Did you know Dr.Pankaj Sharma before you consulted him on 08th September, 2018? A: Yes. I knew Dr.Pankaj Sharma before I consulted him on 08 th
September, 2018. I consulted Dr.Pankaj Sharma about 2-3 years ago. I consulted Dr.Pankaj Sharma not only for general ailments but also for my depression.
I purchased the medicines prescribed by Dr.Pankaj Sharma on 08th September, 2018 and I also consumed those medicines.
I paid Rs.150/- as consultation fee to Dr.Pankaj Sharma in cash. I did not meet Dr.Pankaj Sharma after issuance of the medical certificate dated 08th September, 2018.
I consulted another doctor on 28th November, 2018. Q: Did you take bed rest as advised by Dr.Pankaj Sharma after 08 th September, 2018?
A: Except visiting a chemist shop, I took complete bed rest for one week in accordance with the prescription of Dr.Pankaj Sharma dated 08 th September, 2018.
Q: Was the medical certificate dated 08th September, 2018 issued by Dr.Pankaj Sharma at your specific request? A: No. I did not request Dr.Pankaj Sharma to issue the said medical certificate.
Q: Whenever you consulted Dr.Pankaj Sharma, he used to issue you a medical certificate?
A: No. Q: Did you tell Dr.Pankaj Sharma about the pendency of the present case? A: I did not inform Dr.Pankaj Sharma about the pendency of the present
case or about the date of hearing i.e. 12th September, 2018. Q: Are these only two medical certificates which you have produced in this Court?
A: I do not remember as to whether I have produced medical certificates other than these two medical certificates dated 08th September, 2018 and 28th November, 2018 in any Court.
Q: Do you know that despite issues being framed more than four years ago, your evidence has not been recorded completely due to your repeated absence?
A: I could not appear before this Court due to death of my father in September 2016 and my grandfather in April, 2017.
RO & AC MANMOHAN, J 14.01.2019