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High Court of DelhiCM(M)/33/2016

Anita Sharma v. Ram Mandir Sanatan Dharam Sabha (Regd)

2017-01-09Hon'Ble Mr. Justice Jayant Nath2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 33/2016 ANITA SHARMA ..... Petitioner Through Mr.Rajesh Raina, Mr.Mannu Monga & Mr.Shankar Kr.Jha, Advocates versus RAM MANDIR SANATAN DHARAM SABHA (REGD) ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 09.01.2017 By the present petition filed under Articles 226/227 of the Constitution of India, the petitioner seeks to impugn the order dated 11.02.2015 by which her statement was recorded closing the defendant's evidence. The petition also challenges the order dated 24.11.2015 by which the application filed by the petitioner to recall the order dated 11.02.2015 was dismissed.

The learned counsel appearing for the petitioner submits that there is a factual change in the situation as the respondent has now filed an application under Order 16 Rule 1 CPC for seeking permission to summon additional witnesses. He submits that as the respondent has filed the application for summoning of witnesses, the petitioner may also be given liberty to move a similar application before the trial court.

Granting leave and liberty to the petitioner to move the application

before the trial court, the present petition is disposed of. In case, such an application is filed by the petitioner before the trial court, the trial court may deal with the same as per law.

Dasti.

JAYANT NATH, J.

JANUARY 09, 2017/v