Allowed

Smt. Neelam Sharma W/O Late Shri Umesh Sharma v. Jogendra Singh S/O Late Shri Basant Singh

Rajasthan HC1 Feb 2019CW/2447/2019

Case brief

AI extract

What is this about?

High Court allowed a writ petition seeking permission to cross-examine a witness, modifying the impugned order denying it. Permission was granted conditionally on payment of Rs. 15,000 by the petitioner.

What did the court decide?

Permission to cross-examine the respondent-plaintiff's witness granted subject to payment of Rs. 15,000 as costs.

Smt. Neelam Sharma W/O Late Shri Umesh… — Civil Procedure and Limitation | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 2447/2019

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Smt. Neelam Sharma W/o Late Shri Umesh Sharma, R/o Kakarda Bhunabay, Jaipur Road, Ajmer

¶4

Kushal Sharma S/o Late Shri Umesh Sharma, R/o Kakarda Bhunabay, Jaipur Road, Ajmer

¶5

Prateek Sharma S/o Late Shri Umesh Sharma, R/o Kakarda Bhunabay, Jaipur Road, Ajmer

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----Petitioners

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Versus

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Jogendra Singh S/o Late Shri Basant Singh, B/c Sikkh, R/o 50, Jogbala House, Vidhya Vihar Colony, Kayad Road, Ajmer

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----Respondent

¶10

For Petitioner(s) : Mr. Alok Chaturvedi For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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01/02/2019

¶14

By impugned order dated 12^th December, 2018, the opportunity to the counsel for the petitioners to cross examine the witness has been closed; of which the petitioners are aggrieved of.

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Learned counsel for the petitioners urged that no doubt, two opportunities were accorded to the counsel for the petitioners for cross examination of the witnesses, but could not be availed of for a variety of reasons. On 11^th July, 2018 (third opportunity), the counsel for the petitioners for reasons personal could not cross examine the witness. For the denial to cross examination may result into gross miscarriage of justice and the delay, if any,

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(2 of 2)

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[CW-2447/2019]

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caused may be compensated by costs; one last opportunity be allowed in the interest of justice.

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It is further contended that now the matter is fixed for 27^th February, 2019, for the evidence of the plaintiff-respondent.

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Learned counsel undertakes to cross examine the witness (Jogendra Singh), without any default on the next date.

¶21

Having heard the learned counsel for the petitioners and in view of the factual matrix of the case at hand; permission to cross examine the witness (Jogendra Singh), is allowed subject to payment of cost of Rs.15,000/- (Rupees Fifteen Thousand), to the respondent-plaintiff, on or before the date next fixed i.e. 27^th February, 2019.

¶22

The impugned order dated 12^th December, 2018, stands modified to the extent aforesaid.

¶23

With the observations and directions, as indicated above, the writ application stands disposed off.

¶24

(VEERENDR SINGH SIRADHANA),J

¶25

Pcg/157

Smt. Neelam Sharma W/O Late Shri Umesh Sharma v. Jogendra Singh S/O Late Shri Basant Singh

Case brief

What is this about?

What did the court decide?

Smt. Neelam Sharma W/O Late Shri Umesh Sharma v. Jogendra Singh S/O Late Shri Basant Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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