The petitioner challenged an order closing the right to cross-examine a witness without counsel. The court set aside the order, ordered payment of costs, and granted one opportunity for cross-examination.
Order dated 5th March, 2018 set aside; one opportunity granted for cross-examination subject to payment of Rs. 7,500/- costs.
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SATINDER OBEROI & ANR
..... Petitioners Through : Dr.Sarbjit Sharma, Adv. with Ms.Leeza Taneja and Mr.Sunil Lalwani, Advs. versus
SHASHI BALA OBEROI(DECEASED) THR LR & ANR
..... Respondents Through : Ms.Monika Garg, Adv. for R-2
CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA O R D E R
% 01.05.2019
This petition challenges the order dated 5th March, 2018 whereby the right of the plaintiff to cross-examine D2W1 Mr.Rajiv Garg was closed in the absence of counsel for the plaintiff. The learned counsel for the respondent herein objects to the petition and says in case any opportunity is being granted it must be subject to some cost. In the circumstances, the order dated 5th March, 2018 is set aside and subject to payment of cost of Rs.7,500/- to be paid to counsel for the respondent herein the plaintiff shall be given only one opportunity to cross-examine D2W1Mr.Rajiv Garg.
The petition stands disposed of. Pending application, if any, is also disposed of.
YOGESH KHANNA, J.
MAY 01, 2019 VLD
1 issue framed by the court
Whether to set aside the order closting the plaintiff's right to cross-examine a witness in the absence of counsel and grant a limited opportunity to proceed.
Satinder Oberoi & Anr
Shashi Bala Oberoi (Deceased) Thr LR & Anr
Yogesh Khanna
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
