Praveen Kumar v. Ramesh Chandra & ORS

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 661/2018 & CM APPL. 23292/2018 PRAVEEN KUMAR ..... Petitioner Through:

Mr. JP Singh, Adv.

versus RAMESH CHANDRA & ORS ..... Respondent Through:

Mr. Shekhar Dasi, Adv. for R-1 & 2.

Mr. Sunil Singh, Adv. for R-4 & 5 None for R- 6-9

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 22.01.2019 The respondent no.3 arrayed on record stated to be plaintiff no.3 in the learned trial Court is submitted to have expired without any legal representative as submitted on behalf of the respondent nos.1 & 2 arrayed as plaintiffs nos.1 & 2 to CS DJNo.611670/2016 pending before the Court of the ADJ-14 (Central), THC. The respondent no.4 to 9 arrayed in the present petition are all indicated to be defendants to the said suit.

The petitioner assails the impugned order dated 17.04.2018 of the Court of the ADJ-14, Central vide which the cross examination of PW-1 was closed and at 12.05 pm, learned counsel for the defendant nos.4 to 6 is indicated to have appeared before the learned trial Court and was apprised of the proceedings before 12.05 pm of the closure of the cross examination of PW-1 on behalf of the defendants. It is submitted on behalf of the petitioner that an opportunity be granted

for cross examination of PW-1, which is not opposed on behalf of the plaintiff nos.1 & 2 of the said suit arrayed as the respondent nos.1 & 2 to the present petition nor is it opposed on behalf of the respondent nos.4 & 5 to the present petition arrayed as defendant nos.1 and 7 in the trial. In the interest of justice, thus the prayer made on behalf of the petitioners arrayed as defendant nos.4 to 6 in the said suit are allowed to conduct the cross examination of PW-1 on the date and time directed to be fixed by the learned trial Court. The petition is disposed of accordingly.

ANU MALHOTRA, J JANUARY 22, 2019 vm