Urmil Wadhawan v. Sonny Sarna

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1289/2017 URMIL WADHAWAN ..... Petitioner Through:

Mr.

Abhimanyu Bhandari, Mr.

Priyank Madan and Mr. Paras Anand, Advs.

Versus

SONNY SARNA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 14.11.2017 CMs No.41187/2017 & 41188/2017 (both for exemption) 1.

Allowed, subject to just exceptions.

2.

The applications are disposed of.

CM(M) 1289/2017 & CM No.41186/2017 (for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 7th November, 2017 in CS No.14594/2016 of the Court of Additional District Judge-13 (Central), Tis Hazari Courts, Delhi] of dismissal of the application of the petitioner/plaintiff for further crossexamination of respondent/defendant to confront the respondent/defendant with certain documents.

4.

The application aforesaid was filed when the suit was ripe for final arguments and after dismissing the application, the suit has been posted to today for final arguments.

CM(M) 1289/2017

5.

The counsel for the petitioner, on enquiry, states that the suit from which this petition arises was instituted in the year 2006. 6.

The suit is already more than 10 years old and it is not deemed appropriate to consider the challenge at this stage and consideration of which challenge would essentially derail the final hearing in the suit. 7.

The petition is thus disposed of with liberty to the petitioner to, in the appeal, if any preferred against the final judgment in the suit, also challenge the order dated 7th November, 2017 supra, including on the same grounds as urged in this petition.

No costs.

RAJIV SAHAI ENDLAW, J.

NOVEMBER 14, 2017 bs ..

CM(M) 1289/2017