Thakur Mangat Singh Memorial Society v. Jai Prakash

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1185/2018 & CM APPL. 40548/2018 THAKUR MANGAT SINGH MEMORIAL SOCIETY ..... Petitioner Through:

Mr. Sanjeev Kumar & Mr. Ram Kamal Prasad, Advocates (M9810437609) versus JAI PRAKASH ..... Respondent Through:

Mr. Jitender Kumar, Advocate

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 12.02.2020 1.

Heard ld. counsel for the parties.

2.

The impugned order dated 18th August, 2018 rejects the Petitioner's request to produce the official from the Registrar of Societies as a witness. Ld. counsel for the Petitioner submits that the records from the Registrar of Societies would be essential for the adjudication of the suit. 3.

Accordingly, subject to payment of Rs.5,000/- as costs, the Petitioner is permitted to summon the official from the Registrar of Societies on the date fixed by the Trial Court. The Petitioner shall ensure that all the records and the witness appear on the said date. Only one date will be fixed before the Trial Court for the said purpose. If the official from the Registrar of Societies does not appear on the said date, no further opportunity shall be granted.

4.

Alternatively, the Petitioner is permitted to adduce evidence in the form of certified copies of the records obtained from the Registrar of

Societies to support its case.

5.

Parties submit that the next date before the Trial Court is 26th February, 2020.

6.

The impugned order is modified in the above terms. The petition and all pending applications are disposed of.

Dasti.

PRATHIBA M. SINGH, J.

FEBRUARY 12, 2020 Rahul