Smt. Aruna Sharma W/o Shri Amarchand vs Dilawar Khan S/o Shri Shamsher Khan

Under challenge are the orders dated 21.3.2017 and

13.4.2017 passed by Sr. Civil Judge, Shahabad, District Baran.

By the order dated 21.3.2017, the permission to the

petitioners-defendants (for short ''defendants'') to cross-examine

the witnesses of the respondent-plaintiff (for short, ''plaintiff'')

recalled under the court''s order dated 22.2.2017 was withdrawn

for non compliance of the conditions thereof. Subsequently on an

application under Section 148 CPC having been made to extend

the time for cross-examination of the witnesses of the plaintiff

recalled under the court''s order dated 22.2.2017 and recall the

order dated 21.3.2017, trial court dismissed the said application

under its order dated 13.4.2017.

Having heard the counsel for the defendant and the

plaintiff at length and taking into consideration the fact that the

grand son of the defendant was taken ill and is stated to have

been hospitalized, in the interest of justice, I would quash and set-

aside the orders dated 21.3.2017 and 13.4.2017 and extend the

time under trial court''s order dated 22.2.2017 for cross-

examination of the plaintiff''s witnesses by a further period of 15

working days commencing today.

This Court is informed that proceedings in the

underlying suit are fixed before the trial court on 28 th October,

2017. The plaintiff is directed to keep his witnesses in terms of the

order dated 22.2.2017 passed by the trial court and modified

hereinabove, ready for cross-examination on the said date. The

defendants shall ensure that the plaintiff''s witnesses are cross-

examined forthwith commencing 28th October, 2017. In the event

of the cross-examination of the plaintiff''s witnesses not being

completed on the said date, it be continued on day to day basis till

completion of the cross-examination of all of plaintiff''s witnesses

recalled. On completion of the cross-examination of the plaintiff''s

witnesses, the defendants shall be under an obligation to file the

affidavits in defence within 7 days and keep all their witnesses

present for cross-examination within 7 working days thereafter.

The trial court is directed to dispose of the suit after hearing the

arguments of the counsel for the contesting parties within 4 weeks

of the closure of the defendants'' evidence.

Counsel for the parties on instructions, have submitted

that no misc. application to stall the proceedings of trial before the

trial court shall be filed by either of the parties. It is so directed.

The petition stands disposed of accordingly.