Allowed

Giriraj Solvent Ex. Pvt. Limited (Ganpati Solvent Ex. Pvt. Limited) v. Premchand Moolchand Agrawal

Chhattisgarh HC19 Jan 2023WP227/44/2023

Case brief

AI extract

What is this about?

High Court allowed the writ petition challenging rejection of cross-examination application. Ordered trial court to grant last opportunity for cross-examination subject to payment of costs.

What did the court decide?

Impugned order set aside. Trial court directed to allow last opportunity for cross-examination subject to payment of Rs. 10,000 by petitioner.

Giriraj Solvent Ex. Pvt. Limited… — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP (227) No. 44 of 2023

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Giriraj Solvent Ex. Pvt. Limited (Ganpati Solvent Ex. Pvt. Limited) through Manoj Daga, S/o Late Shri Kedarnath Daga, age about 50 years, R/o Lakholi Road, Rajnandgaon, Tehsil and Distt. Rajnandgaon (CG) Office Add: - Village and Post Tumdiboad, Police Station Tumdiboad, Tehsil Dongargaon, Distt. Rajnandgaon (CG) 491441

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---- Petitioner/defendant

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Versus

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Premchand Moolchand Agrawal, through Proprietor Vinod Kumar S/o Premchand Agrawal, age about 44 years, R/o Mohara Road, Nandai, Tehsil and Distt. Rajnandgaon (CG)

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---- Respondent

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For Petitioner : Mr. Aditya Bhardwaj, Advocate.

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Hon’ble Smt. Justice Rajani Dubey Order On Board

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19/01/2023

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In this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 19.12.2022 passed by 3^rd Additional District Judge, Rajnandgaon in Civil Suit No.5-B/2018 whereby the application filed by the petitioner/defendant under Order 17 Rule 1 of CPC has been rejected and the opportunity of crossexamination has been closed.

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Learned counsel for the petitioner submits that the impugned order has been passed without properly considering the provisions of Order 17 Rule 1 of CPC. It is clear from the order sheets of the Court below that both the parties were trying to settle the dispute in Lok Adalat and therefore, the matter was adjourned for four times. Refusal of cross-examination of the plaintiff would adversely affect the interest of the petitioner/defendant and would also result in miscarriage of

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justice. He submits that if the petitioner is allowed one last opportunity of cross-examination, the petitioner is ready to pay suitable cost to the plaintiff.

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Having heard learned counsel for the petitioner, having gone through the impugned order of the trial Court, considering the nature of dispute between the parties and the submission made on behalf of the petitioner, the instant petition is allowed. The impugned order dated 19.12.2022 is set aside. The trial Court is directed to allow last opportunity to the petitioner/defendant for cross-examination of plaintiff Vinod Kumar, subject to payment of cost of Rs.10,000/- by the petitioner/defendant to the respondent/plaintiff.

sd/

(Rajani Dubey)

Judge

Khan

Giriraj Solvent Ex. Pvt. Limited (Ganpati Solvent Ex. Pvt. Limited) v. Premchand Moolchand Agrawal

Case brief

What is this about?

What did the court decide?

Giriraj Solvent Ex. Pvt. Limited (Ganpati Solvent Ex. Pvt. Limited) v. Premchand Moolchand Agrawal

Case brief

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What did the court decide?

What the court decided

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