Delhi High Court - Orders
Dr. (Mrs.) Meenakshi Dubey vs Mr. Pankaj Aggarwal on 18 October, 2023
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 496/2021 & I.A. 13475/2021 (O-XXXIX R-1 & 2 of
CPC), I.A. 4476/2022 (O-XXXIX R-4 of CPC)
DR. (MRS.) MEENAKSHI DUBEY
.....Plaintiff
Through: Mr Pushkar Sood and Mr. Satya
Prakash Singh, Advs. alongwith
plaintiff/PW-1 in person.
versus
MR. PANKAJ AGGARWAL
.....Defendant
Through: Mr. Rajesh Gupta, Mr. Harpreet
Singh & Mr. Utsav Kumar Gupta,
Advs.
CORAM:
JOINT REGISTRAR (JUDICIAL) SH. DEVENDER
KUMAR GARG (DHJS)
ORDER
% 18.10.2023 I.A. No. 13475/2021 (by plaintiff u/O XXXIX Rules 1 & 2 of CPC);
I.A. No. 4476/2022 (by defendant u/O XXXIX Rule 4 of CPC);
I.A. No. 15528/2023 (by defendant u/O XIV Rule 2(2) r/w Section 151 CPC);
I.A. No. 17875/2023 (by plaintiff u/O XXXIX Rule 2-A of CPC) & I.A. No. 17877/2023 (by plaintiff u/O XXXIX Rule 2-A of CPC)
1. It is submitted that the captioned IAs are coming up for hearing before the Hon'ble Court on 09.11.2023.
CS(OS) 496/2021
2. The present matter is at the stage of PW.
This is a digitally signed order.
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3. Hard copy of evidence affidavit of PW-1 and hard copies of documents are already on record.
4. PW-1/plaintiff Dr. (Mrs.) Meenakshi Dubey is present.
5. Ld. Counsel for plaintiff has submitted that the plaintiff wishes to examine PW-1/plaintiff, who is present today. However, Ld. Counsel for defendant has opposed the examination of PW-1 stating that his application i.e. IA No.15528/2023 having prayers of stay of suit and treating some issues as preliminary issues, is pending before the Hon'ble Court on 09.11.2023. He has further submitted that the evidence, which the plaintiff intends to tender in the present matter, are exactly the same as has already been tendered in the previous suit. He has requested that the matter may be adjourned after 09.11.2023 i.e. date already fixed before the Hon'ble Court.
6. On the other hand, Ld. Counsel for plaintiff has opposed the contentions of Ld. Counsel for defendant stating that submissions of Ld. Counsel for defendant were heard by the Hon'ble Court and the Hon'ble Court vide order dated 18.08.2023 has clarified expressly that mere pendency of IA No.15528/2023 will not come in the way of recording of evidence by the parties as already directed. He has further submitted that the present matter has wide scope and different prayers as compared to the previous suit.
7. Heard. The order dated 18.08.2023 passed by the Hon'ble Court has been perused. In para 4 of the order dated 18.08.2023, Hon'ble Court has observed that it is made clear that mere pendency of application (i.e. IA No.15528 /2023) will not come in the way of the parties leading evidence as already directed. In view of the above said 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 20/10/2023 at 00:17:48 observation of the Hon'ble Court, the undersigned do not deem it appropriate not to examine the witness, who is present today in the present matter.
8. Let the examination of PW-1 be begun forthwith.
9. At this stage, Ld. Counsel for plaintiff has submitted that the witness has got originals of documents i.e. family settlement dated 21.07.1998, affidavit of Mrs. Indira Agarwal dated 25.01.1984 and medical certificate of death of Mrs. Indira Agarwal, which are mentioned as Ex.PW1/1, Ex.PW1/3 and Ex.PW1/6, respectively, in the evidence affidavit of PW-1 and further submitted that the said documents may be seen and returned to the plaintiff today after exhibiting copies thereof, which are already on record. He has further submitted that Ld. Counsel for defendant may see original documents today and compare the same with photocopies which are already on record. However, Ld. Counsel for defendant has submitted that there are allegations of forgery and fabrication in respect of the documents, which are mentioned as Ex.PW1/1 and Ex.PW1/3 in evidence affidavit of PW-1 and hence, the plaintiff may be directed to place the said documents in original on record.
10. On the other hand, Ld. Counsel for plaintiff has submitted that the plaintiff has apprehension of misplacement of the aforesaid original documents and hence, he does not wish to place the same on record.
11. At this stage, Ld. Counsels for both the parties have submitted that the matter may be placed before Hon'ble Court where they would make their further submissions with respect to production of original documents.
This is a digitally signed order.
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12. At joint request, let the matter be placed before Hon'ble Court for further directions on 09th November, 2023.
DEVENDER KUMAR GARG (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 18, 2023/v 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 20/10/2023 at 00:17:49