Delhi High Court - Orders
Neelu Chadha vs Sunil Sethi & Ors on 4 January, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2046/2015, I.A.Nos.14119/2015, 14121/2015, 563/2020
NEELU CHADHA ..... Plaintiff
Through: Mr.Anil Sharma, Advocate.
versus
SUNIL SETHI & ORS ..... Defendants
Through: Mr.Alok Kumar, Senior Advocate
with Ms.Manisha A. Narain,
Mr.Varun Maheshwari, Advocates for
D1 and 2.
Mr.Jai Vikram Singh, Ms.Kanika
Agnihotri, Advocates for D5.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 04.01.2022
1. The hearing has been conducted through Video Conferencing.
2. On 06.12.2021 while recording the evidence the learned Local Commissioner was requested by the counsel for the defendant nos.1 and 2 to re-examine DW-3, Paramjit Singh Wason. The said request was not allowed by the learned Local Commissioner on the ground there is no right to re- examine. Section 138 of Indian Evidence Act speaks of re-examination as follows:
"138. Order of examinations.-- xxxxxxxx Direction of re- examination.--The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter."
3. The above Section clarifies re-examination shall be directed to the explanation of matters referred to in cross-examination and if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.
Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:06.01.2022 15:334. The fact that the parties does not have a right to re-examine is incorrect as was ordered by the learned Local Commissioner and as such, let the defendants no.1 and 2 be allowed to re-examine DW3 but only for the purpose of explaining the matter referred to in cross-examination and in case anything adverse is found in the re-examination, the plaintiff shall have a right to cross-examine upon that matter.
5. Let the matter be listed before the learned Local Commissioner on 21.01.2022.
6. A copy of this order be communicated electronically to the learned Local Commissioner.
YOGESH KHANNA, J.
JANUARY 04, 2022 DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:06.01.2022 15:33