Rajneesh Sharma v. State

$~A-28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 57/2017 RAJNEESH SHARMA ..... Petitioner Through Mr.A.P.Vinod, Advocate versus STATE ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 06.03.2017 CM No.-8887/2017 (exemption) Exemption allowed, subject to all just exceptions. C.R.P. 57/2017 & CM No.8886/2017 (stay) By the present petition filed under section 115 of CPC the petitioner seeks to impugn the order dated 7.2.2017. The petitioner has filed the probate petition. It is urged that on 7.2.2017 PW-2 whose evidence had to be tendered had to go out of India due to unavoidable circumstances and that is why an adjournment was sought. He further submits that it is an uncontested case and that in view of the said circumstances a last opportunity be granted to permit cross-examination of PW-2 who is an attesting witness to the will. A perusal of the ordersheets would show that on 4.8.2016 due to lawyers' strike evidence was not recorded. On the next date i.e. 28.11.2015 PW-1 was examined and discharged and the matter was fixed for balance evidence, namely, on 7.2.2017. On that date though a submission was made that the witness is out of town the trial court did not accept the submission and closed the petitioner's evidence and listed the matter for final CRP.57/2017

arguments.

As PW-2 is the only attesting witness to the Will who is being examined, his testimony is important for grant of probate to the petitioner. In the factual circumstances narrated above and in the interest of justice, petitioner is granted one last opportunity to complete the evidence of PW-2 on a date to be fixed by the trial court for this purpose. Petition stands disposed of. All pending applications, if any, also stand disposed of.

A copy of this order be given dasti under signatures of the Court Master to learned counsel for the petitioner. JAYANT NATH, J MARCH 06, 2017 n CRP.57/2017