Reena & ANR v. Azad Singh

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1199/2015 & C.M. No.29626/2015 REENA & ANR ..... Petitioners Through Ms. Suman Kapoor, Adv.

versus AZAD SINGH ..... Respondent 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 23.11.2015. Her right to cross-examine PW-1 Azad Singh had been closed by the impugned order. This order was passed at 01.20 PM. The defendant was present in person but the counsel was not available. It is pointed out by the learned counsel for the petitioner that the defendant'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 possession. This Court notes that there are inter-se dispute between the parties and a cross-suit has also been filed by the plaintiff. A valuable right would be lost to the petitioner in case she is not allowed to cross-examine the star witness of the plaintiff who is PW-1. Accordingly subject to payment of cost of Rs.1,000/-, the defendant is permitted to cross-examine PW-1. Learned counsel for the

respondent assures this Court that PW-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