Delhi High Court - Orders
Santosh Yadav vs Jaswant Singh & Others on 26 July, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1264/2011
SANTOSH YADAV ..... Plaintiff
Through: Mr.Vidit Gupta, Advocate
versus
JASWANT SINGH & OTHERS ..... Defendants
Through: Mr.Santosh Kumar Sahu, Advocate
for D-1,2,4 and 5
Mr.Abhimanyu Walia, Advocate for
D-3
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 26.07.2021 (Through video conferencing) IA No. 8921/2021 (U/o 18 Rule 3 CPC) and IA No.2615/2021 It is submitted on behalf of the plaintiff that as per record the defendant No.3 supports the contentions of the plaintiff.
Learned counsel for the defendant No.3 is present and submits that he supports the plaintiff.
Placed on record is IA No. 8921/2021 filed under Order 18 Rule 3 of the Code of Civil Procedure submitting inter alia to the effect that the plaintiff is not in good health now to produce herself in the witness box and thus the defendant be called upon to lead evidence.
On behalf of the defendant Nos. 1,2, 4 and 5 learned counsel has sought time to respond to the same.
At the outset it is essential to observe that IA 2615/2021 had been filed by the plaintiff seeking recall of the witnesses and thus in the circumstances the IA 8921/2021 cannot be considered during the pendency of IA No. 2615/2021.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.07.2021 14:48:58 This file is digitally signed by PS to HMJ ANU MALHOTRA.
In view thereof, it is submitted by learned counsel for the plaintiff that in view of the present condition of the plaintiff and in as much as the cross examination on behalf of the contesting defendants No. 1,2,4 and 5 has already been concluded and defendant No.3 does not seek to conduct any cross-examination of the plaintiff's witnesses, the plaintiff seeks to withdraw IA No. 2615/2021 which is thus now in the interest of justice, allowed to be dismissed as withdrawn.
Placed on record is however IA No. 3077/2021 filed on behalf of the defendant Nos. 1,2 4 and 5 under Section 45 of the Indian Evidence Act, qua which the reply is stated to have been filed by the plaintiff as also indicated through the proceedings before the learned Joint Registrar for the date 16.4.2021. The rejoinder thereto appears to have not yet been filed.
The matter is indicated to be listed on 28.4.2021 before the Joint Registrar but has then been renotified en bloc with the next date of hearing being fixed for the date 31.8.2021. The matter is fixed before Court on an en bloc date 2.9.2021.
In the circumstances, the reply, if any of the defendant Nos. 1,2, 4 and 5 to IA 8921/2021 of which notice is issued to the defendant Nos. 1, 2, 4 and 5 be filed within two weeks and the matter be renotified for consideration of IA No. 8921/2021 on 2.9.2021 on which date there would be no adjournment granted for filing any responses if they have not been filed by the said date.
ANU MALHOTRA, J JULY 26, 2021/sv Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.07.2021 14:48:58 This file is digitally signed by PS to HMJ ANU MALHOTRA.