Delhi High Court - Orders
Vijender Kumar Through His Gpa Holder ... vs Chameli Devi And Ors on 8 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 742/2023
VIJENDER KUMAR THROUGH HIS GPA HOLDER SUNITA
..... Petitioner
Through: Mr. S.K. Mishra, Mr. Amit Mishra
and Mr. Akash Tripathi, Advocates.
versus
CHAMELI DEVI AND ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 08.05.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 23345/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 742/2023 & CM APPL. 23344/2023 (for stay)
3. Petitioner challenges the order dated 15.02.2023 in CS DJ 57688/16 in "Chameli Devi vs. Vijender Kumar And Ors." whereby the application under Order XVIII Rule 17 of the CPC, 1908 filed by the petitioner seeking recall of the order dated 30.11.2022 whereby the DE of the petitioner/ defendant No.1 was closed.
4. Learned counsel fairly submits that it was due to the delay and negligence of the counsel that the evidence of the petitioner/ defendant No.1 was not filed and submits that given one chance, the Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:10.05.2023 16:21:05 petitioner immediately file the affidavit of evidence of the witnesses on behalf of the petitioner/ defendant No.1.
5. Learned counsel invites attention of this Court to the order dated 19.04.2017, whereby the learned Trial Court had framed an issue No.2, the burden of proof whereof was to be discharged by the petitioner/ defendant No.1.
6. On that basis, learned counsel submits that the stand of the petitioner would be seriously prejudiced in case the petitioner is not permitted to lead the evidence.
7. Issue notice. On petitioner taking steps within a week, notice may be served upon the respondents through all permissible modes. Additionally, through learned counsel appearing for the respondent before the learned Trial Court.
8. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
9. List on 21.07.2023.
TUSHAR RAO GEDELA, J MAY 8, 2023/nd Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:10.05.2023 16:21:05