Roop Kumari Solanki v. Peter John & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 638/2016 ROOP KUMARI SOLANKI ..... Appellant Through:

Mr. Rahat Bansal, Advocate.

versus PETER JOHN & ANR ..... Respondents Through:

Mr. M.R.Anand, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 16.07.2018 1.

After arguments, this appeal is disposed of with the consent order by setting aside the impugned judgment dated 8.1.2016 and the appellant/plaintiff is granted four opportunities to lead evidence subject to payment of costs of Rs.25,000/- to the counsel for the respondents/defendants. Costs shall be paid within a period of eight weeks from today. It is also clarified that in case appellant does not complete her evidence in four opportunities i.e completing of examination-in-chief and also appearing for cross-examination, then appellant will not be allowed any further opportunity to lead evidence.

I may note that appellant has also completed her examination-in-chief and led her evidence as that of her

husband and now the appellant and her husband only have to be crossexamined by the respondents and whose counsel states that he will complete the cross-examination of the appellant and her husband as also one more witness which the appellant seeks to lead in evidence. 2.

Accordingly, the impugned judgment dated 8.1.2016 is set aside. Parties to appear before the District and Sessions Judge, Tis Hazari Courts, Delhi on 24th August, 2018 and the District and Sessions Judge will now mark the suit for disposal to a competent court in accordance with law and the observations made in the present order.

VALMIKI J. MEHTA, J JULY 16, 2018 ib