Delhi High Court - Orders
Shri Rajneesh Luthra vs Shri Rahul Luthra on 24 January, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 195/2017
SHRI RAJNEESH LUTHRA ..... Plaintiff
Through: Mr. S.K. Bhaduri with Mr. Prem
Prakash, Advocates & Plaintiff in
person.
versus
SHRI RAHUL LUTHRA ..... Defendant
Through: Mr. Rajiv Tyagi with Mr. Rohit
Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 24.01.2022
[VIA VIDEO CONFERENCING]
I.A. No. 13314/2021(O-18 R-4 & 19)
1. The present application has been filed on behalf of the applicant/defendant under Order XVIII Rules 4 and 19 read with Order XXVI Rule 4A of the Code of Civil Procedure, 1908 (CPC) seeking appointment of a Local Commissioner to record plaintiff's evidence.
2. It is the case of the applicant/defendant that earlier, vide order dated 6th March, 2018, this Court had appointed a Local Commissioner to record evidence of the plaintiff as well as the defendant over the course of fourteen hearings. However, in the said hearings, only evidence of the defendant could be recorded. It is contended that thereafter the plaintiff delayed filing his affidavit of evidence and the matter has lingered on before the Joint Registrar as plaintiff's evidence is yet to be recorded.
3. The applicant/defendant submits that he is living in a rented Signature Not Verified Signed By:ARUNA KANWAR CS(OS) 195/2017 Page 1 of 3 Signing Date:25.01.2022 22:58:04 accommodation and the delay in trial of the suit is causing prejudice to him. He submits that he is willing to bear the charges of the Local Commissioner for recording of plaintiff's evidence.
4. Counsel appearing on behalf of the non-applicant/plaintiff opposes the said request for appointment of a Local Commissioner. He submits that this application seeks review of the earlier order dated 19th December, 2019 passed by this Court, whereby the Court had ordered that the evidence will be recorded by the Joint Registrar. He submits that the next date fixed before the Joint Registrar for recording evidence is 24th February, 2022.
5. I have heard the counsels for the parties.
6. I am of the view that the appointment of a Local Commissioner to record the remaining evidence in the suit would facilitate expeditious disposal of the suit.
7. There is no merit in the contention of the counsel for the plaintiff that this application seeks review of the order dated 19th December, 2019. What was noted in the order dated 19th December, 2019 was that the defendant could not afford to pay the fees for the Local Commissioner at the time. However, in the present application, applicant/defendant is prepared to bear the cost of the Local Commissioner to record the evidence.
8. In view of the above, the application is allowed and the following directions are being passed:
I. Mr. Gurdeep Kumar, Retired Additional District Judge, (Mobile No. 9910384622) is appointed as Local Commissioner for recording the plaintiff's evidence.
II. The fees of the Local Commissioner is initially fixed at Rs.1,00,000 on the basis that recording of plaintiff's evidence will be concluded in Signature Not Verified Signed By:ARUNA KANWAR CS(OS) 195/2017 Page 2 of 3 Signing Date:25.01.2022 22:58:04 ten hearings.
III. The fees of the Local Commissioner for recording of the evidence would be paid by the applicant/defendant. Local Commissioner shall also be paid out of pocket expenses by the applicant/defendant. In case any adjournment is taken by the plaintiff, the plaintiff shall bear the cost of the said sitting. The Local Commissioner shall decide whether the adjournment is on account of the plaintiff. IV. The venue for recording of the evidence will be decided by the Commissioner within the High Court premises. V. The Local Commissioner is requested to complete the recording of evidence within 6 months from today.
VI. Parties to approach the Local Commissioner within one week, for fixing dates for recording of evidence.
VII. Parties shall render all assistance to the Local Commissioner for recording of evidence.
VIII. Registry is directed to make available the court file to the Local Commissioner for recording of the evidence. CS(OS) 195/2017
9. Date of 24th February, 2022 fixed before the Joint Registrar for recording evidence stands cancelled.
10. List for the report of the Local Commissioner on 7th September, 2022.
AMIT BANSAL, J.
JANUARY 24, 2022 at Signature Not Verified Signed By:ARUNA KANWAR CS(OS) 195/2017 Page 3 of 3 Signing Date:25.01.2022 22:58:04