Raj Rani vs Diwan Chand

Vivek Singh Thakur, J

In view of nature and prayer made and the order proposed to be passed hereinafter, I am of opinion that issuance of notice to respondent/plaintiff shall be undue harassment to him.

2 Petitioner has approached this Court against impugned order dated 4.4.2022 whereby evidence of petitioner/defendant has been closed.

3 Learned counsel for petitioner submits that affidavits of petitioner/defendant as well as one another witness, to be examined on behalf of petitioner/defendant, have already been filed and only cross-examination of petitioner/defendant and another witness is to be conducted by opposite side and he further submits that petitioner/defendant is ready to appear and produce her witness on next date of hearing before trial Court. The next date of hearing, as informed, is 4 th June, 2022.

4 On perusal of impugned order and material placed on record, I do not find any illegality, infirmity, irregularity or perversity to interfere in the impugned order. However, on persuasive submissions made on behalf of petitioner/defendant and particularly keeping in view her 80 years of age, by taking a lenient view, one more opportunity is granted to petitioner/defendant to appear and produce her witness for examination/cross-examination before the trial Court on next date of hearing i.e. 4th June, 2022, but said opportunity shall be subject to payment of costs of Rs.5000/- to plaintiff on or before next date of hearing fixed before the trial Court.

5 It is made clear that in case petitioner/defendant and/or witness is not present on next date then evidence on behalf of petitioner/defendant shall stand closed without any further order passed.

6 Learned counsel for petitioner shall also inform the learned counsel of other side about passing of order by tomorrow evening so as to enable the opposite side to be ready for cross-examination of petitioner/defendant and her witness on 4.6.2022. In case adjournment is sought by opposite side i.e. plaintiff to cross examine, then trial Court shall be at liberty to decline such request or to fix another date for cross-examination of petitioner/defendant and her witness in accordance with law.

7 Petition stands disposed of including all pending miscellaneous application(s), if any.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court.