Lalit Kumar Bassi v. Usha Sarin

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd July, 2024 + CM(M) 2559/2024 LALIT KUMAR BASSI .....Petitioner Through:

Mr. Gautam Gupta, Advocate.

versus USHA SARIN .....Respondent Through:

Mr. Preet Pal Singh with Ms. Akanksha Singh, Mr. Madhukar Pandey and Mr. Prateek Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 41158/2024 (exemption) Exemption allowed subject to all just exceptions. CM APPL. 41157/2024 (for recalling of order dated 10.07.2024) 1.

Learned counsel for the respondent appears on advance notice. 2.

At joint request, the date is pre-poned and the matter is taken up today itself for consideration.

3.

Next date of hearing i.e. 25.09.2024 is cancelled. CM(M) 2559/2024 1.

Petitioner is defendant before the learned Trial Court and is aggrieved by order dated 20.02.2024 passed by the learned Trial Court whereby the learned Trial Court has permitted the plaintiff (respondent herein) to place on record a new Special Power of Attorney.

CM(M) 2559/2024 By:SONIA THAPLIYAL 15:15:31

2.

During course of the arguments, it came to fore that the suit had, though, been instituted by Ms. Usha Sarin through her attorney Ms. Gurmeet Kaur Kapoor but during the trial, Ms. Usha Sarin has herself entered into witness box and deposed about the issues involved.

3.

Learned counsel for the respondent states that it is only by way of abundant caution that he wanted to examine such attorney as the petitioner (defendant before the learned Trial Court) has taken an objection that the suit had not been instituted by a duly authorized person.

4.

During course of the arguments, learned counsel for the petitioner himself, very fairly, admits that since the plaintiff herself has graced the witness box, such particular issue does not survive any more.

5.

Learned counsel for the respondent/plaintiff states that in view of above statement, he would not examine the concerned Attorney Holder.

6.

In view of the aforesaid statements and the fact that respondent/plaintiff is no longer interested in examining the Attorney Holder, nothing survives in the present petition. The same stands disposed of in view of the aforesaid.

(MANOJ JAIN) JUDGE JULY 23, 2024 st CM(M) 2559/2024 By:SONIA THAPLIYAL 15:15:31