Disposed

Brahm Singh v. Om Prakash

Delhi HC27 Aug 2024CM(M)/3226/2024

Case brief

AI extract

What is this about?

The High Court of Delhi, while disposing of a writ petition challenging a trial court order that barred further evidence, granted the petitioner one final opportunity to summon and examine witnesses. The Court imposed a cost of Rs. 10,000 for the delay caused by the petitioner's failure to summon witnesses earlier.

What did the court decide?

One last opportunity granted to petitioner to summon and examine remaining witnesses, subject to payment of cost Rs. 10,000.

Brahm Singh Vs Om Prakash — Civil Procedure and Limitation | Delhi HC (2024)

¶1

$~81

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of decision^: 27^th August, 2024

¶4

- CM(M) 3226/2024 & CM APPL. 48745-48746/2024

¶5

BRAHM SINGH .....Petitioner

¶6

Through: Mr. Faisal Naseem and Ms. Mahetaba Asrar, Advocates

¶7

versus

¶8

OM PRAKASH .....Respondent Through: Mr. Sachin Kumar Sharma, Proxy Counsel for Mr. Pankaj Vivek, Advocate

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE MANOJ JAIN

¶11

J U D G M E N T (oral)

¶12

CM APPL. 48746/2024 (exemption)

¶13

Exemption allowed, subject to all just exceptions.

¶14

CM(M) 3226/2024 & CM APPL. 48745/2024

¶15

Petitioner is plaintiff before the learned Trial Court and has filed suit seeking permanent and mandatory injunction.

¶16

Issues were framed on 01.02.2024 and thereafter the plaintiff had also filed an affidavit and has also been cross-examined by the defendant.

¶17

List of witnesses was also placed on record by both the sides.

¶18

Fact, however, remains that plaintiff did not take requisite steps for summoning his witnesses and keeping in mind the previous opportunities granted in this regard, the learned Trial Court closed his right to lead further evidence.

¶19

CM(M) 3226/2024 1

¶20

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 8.08.2024 14:41:34

¶21

Such order dated 25.07.2024 is under challenge.

¶22

Mr. Sachin Kumar Sharma, learned counsel for respondent appears on advance notice and contends that though no justifiable reason has been disclosed by the petitioner herein but he would have no objection if one last and final opportunity is granted to the petitioner in this regard, subject to imposition of reasonable cost.

¶23

This Court has also gone through various previous orders passed by learned Trial Court. It is quite obvious that since steps were not taken to summon official witnesses nor affidavits of the private witnesses were filed, learned Trial Court was constrained to close the right to lead further evidence.

¶24

Learned counsel for petitioner/defendant states that the private witnesses somehow did not accede to the request of the plaintiff and claimed that they would appear before the learned Trial Court only if summons were issued to them and, therefore, he was not in a position to produce them or for that matter to file their affidavits before the learned Trial Court well-in-advance.

¶25

Be that as it may, keeping in mind the overall facts and circumstances of the case and also considering the concession given by learned counsel for the respondent/defendant, the present petition is disposed of with the direction that learned Trial Court would grant one last and final but effective opportunity to the petitioner/plaintiff to summon and examine all his remaining witnesses. However, for causing delay in the matter, plaintiff is burdened with cost of Rs. 10,000/- which shall be cleared before the learned Trial Court on the date fixed which is stated to be 29.08.2024.

¶26

In view of the above, learned Trial Court would not record the evidence of the defendant on the next date and would, instead, give suitable date (s) so

¶27

Signature Not Verified

¶28

CM(M) 3226/2024 2

¶29

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 8.08.2024 14:41:34

¶30

that plaintiff is in a position to summon and examine all his remaining witnesses.

¶31

Petition stands disposed of in the aforesaid terms.

¶32

Order dasti under the signatures of the Court Master.

¶33

(MANOJ JAIN) JUDGE

¶34

AUGUST 27, 2024/ dr

¶35

Signature Not Verified

¶36

CM(M) 3226/2024 3

¶37

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 8.08.2024 14:41:34

Brahm Singh v. Om Prakash

Case brief

What is this about?

What did the court decide?

Brahm Singh v. Om Prakash

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Neel Kamal Madan Vs Shyam Sunder Suri & Anr.

Sh. Arun Navariya Vs Sh. Naresh & Ors.

Veer Singh through Power of Attorney Vs Kinri Dhir

Asha Rani Sukhija Vs Pankaj Sikri

Praveen Kumar Vs Jyoti

Mohd Hanif Vs Jaideep Chaudhary

Lalit Kumar Vs Shri Ved Pal & Ors.

Galgotias University Vs Icon Facilitators Private Limited

Neel Kamal Madan Vs Shyam Sunder Suri & Anr.

Sh. Arun Navariya Vs Sh. Naresh & Ors.

Veer Singh through Power of Attorney Vs Kinri Dhir

Swami Chakrapani Ji Maharaj National President, Akhil Bharat Hindu Mahasabha Vs Election Commission of India & Ors.

Cameo Overseas Vs the Global - v Immigration & Ors.

Arun Kumar Deshwal Vs Kapoor Plastic Works