All India Womens Conference v. Rekha Pandey

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 895/2018 & CM APPL. 31741/2018 ALL INDIA WOMENS CONFERENCE ..... Petitioner Through:

Mr. Hemant Kumar Yadav, Advocate.

(M:9718268042) versus REKHA PANDEY ..... Respondent Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 17.02.2020 1.

Ld. counsel for the Petitioner submits that upon being intimated, ld. counsel for the Respondent stated that he has not received any instructions from the Respondent.

2.

The grievance in this petition is that on 3rd July, 2018 since the Petitioner's witnesses had reached late, the Trial Court had closed the evidence of the Petitioner - Society. The Petitioner then sought recall of the said order vide an application under Section 151 CPC. The same was dismissed by the Trial Court.

3.

Considering that the witnesses had in fact reached the Court on 3rd July, 2018 and they had only reached late, the Court is inclined to give an opportunity to the Petitioner to lead its evidence in the matter. The possession of the premises has already been taken over by the Petitioner in separate eviction proceedings. The Petitioner's witnesses shall now appear before the Trial Court on the date fixed by the Trial Court. No adjournments shall be granted to the Petitioner for leading evidence if the witnesses do not

appear on the date fixed.

4.

With these observations, the petition and all pending applications are disposed of with the permission to lead evidence being granted to the Petitioner.

Dasti.

PRATHIBA M. SINGH, J.

FEBRUARY 17, 2020 dj