Delhi High Court - Orders
Sushila Malhotra And Ors vs R.K.Malhotra on 9 January, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1591/2000
SUSHILA MALHOTRA AND ORS. ..... Plaintiffs
Through: Ms. Chanan Parwani, Ms.Kavita
Vinayak, Ms.Rini Mehra and
Mr.Anmol Agarwal, Advocates
versus
R.K.MALHOTRA ..... Defendant
Through: Mr.Kuljeet Rawal and Mr. Aditya
Joshi Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 09.01.2023 I.A.No. 293/2023 (for directions)
1. The present application under Section 151 of the Code of Civil Procedure, 1908, has been filed by the plaintiffs seeking the following prayers:
a) Pass appropriate orders, directing that the recording of evidence in the underlying proceedings, as well as in the connected proceedings, being Test Case No. 47/2000
- Raj Kumar Malhotra v. State and Test Case No. 111/20l4 - Veena Rahan & Ors. v. State & Ors., be positively concluded within the next 6 months, as was the original mandate of the Ld. CC vide Order dated 01.11.2013, and has been reiterated vide Orders dated 22.07.2016 and 28.01.2020. To make such directions effective, it is humbly prayed that this Hon'ble Court direct that:
i. The Petitioner in Test Case No. 47/2000 (Defendant herein) be granted one final opportunity to lead evidence of remaining formal witnesses, within an outer limit of one month, post which the Petitioner's evidence in the said case be deemed as closed.Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:10.01.2023 18:30:02
ii. The Objectors in Test Case No. 47/2000 (Plaintiffs herein) be granted a period of two months thereafter for completion of their evidence.
iii. The Petitioner in Test Case No. 47/2000 (Defendant herein) be directed to complete cross examination of the Objector's witnesses within the specified time period, after which the recording of evidence in Test Case No. 47/2000 shall be deemed as completed.
iv. Thereafter, a period of three months be fixed for completion of evidence in Test Case No. 111/20l4, whereafter the same shall be deemed as completed.
v. Evidence in the captioned suit be declared as complete.
vi. Day to day recording of evidence be directed to comply with the aforesaid schedule.
b) Pass appropriate orders directing parties to dispense with the summoning of formal witnesses and to file certified copies of relevant documents instead, for the completion of evidence in captioned suit along with other connected proceedings being Test Case No. 47/2000, titled Raj Kumar Malhotra v. State and Test Case no.
111/2014, titled Veena Rohan v. State & Ors. State....."
2. The learned counsel for the non-applicant/defendant appears on advance notice and seeks a week‟s time to file reply to the application.
3. Let the reply to the application be filed on behalf of the non- applicant/defendant within a period of one week.
4. List on 17th January, 2023, the date already fixed.
CHANDRA DHARI SINGH, J JANUARY 9, 2023 SV/AK Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:10.01.2023 18:30:02