Reena v. Azad Singh & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1204/2015 & C.M. No.29670/2015 REENA ..... Petitioner Through Ms. Suman Kapoor, Adv.

versus AZAD SINGH & ANR ..... Respondents Through Mr. Brahmanand Gupta, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.02.2016 The petitioner is aggrieved by the order dated 18.11.2015. Her right to cross-examine DW-1 Azad Singh had been closed by the impugned order. This order was passed at 12:37 PM. The plaintiff was present in person but the counsel was not available. It is pointed out by the learned counsel for the petitioner that the plaintiff's counsel was not available on that date as she was held up in other Court and she reached the Court later but before she could reach the Court, the impugned order was passed.

Present suit is a suit for permanent injunction. This Court notes that there are inter-se dispute between the parties and a cross-suit has also been filed by the defendant. A valuable right would be lost to the petitioner in case she is not allowed to cross-examine the star witness of the defendant who is DW-1. Accordingly subject to payment of cost of Rs.1,000/-, the petitioner/plaintiff is permitted to cross-examine DW-1.

Learned counsel for the respondent assures this Court that DW-1 Azad Singh will be present in Court tomorrow which is the next date fixed before the Trial Court and no further liberty shall be granted to the petitioner.

With these directions, petition disposed of.

Order dasti under the signature of the Court Master. INDERMEET KAUR, J FEBRUARY 11, 2016