The Rajasthan High Court dismissed a writ petition challenging a trial court order that denied the petitioner-defendants' request to insist on the physical presence of plaintiff-respondents for cross-examination regarding their affidavit.
The writ application fails and is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 3879/2019
(2 of 3)
[CW-3879/2019]
Aadarsh Gyan Vidhyalya School, Jaipur
----Respondents
For Petitioner(s) : Mr. Sanjay Sharma @ Sanjeev Sharma, petitioner present in person. For Respondent(s) :
(3 of 3)
[CW-3879/2019]
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
20/02/2019
Petitioner-defendants having instituted the present writ application aggrieved of the impugned order dated 26th November, 2018, wherein the prayer of the petitioners, insisting upon for presence of the plaintiff-respondent(s) for cross-examination an affidavit, has been declined.
Heard and considered.
From the glance of impugned order dated 26th November, 2018, it is reflected that plaintiff-respondents have not appeared for cross-examination on their affidavit filed in evidence. The prayer of the petitioner-defendants in insistence for appearance of the plaintiff(s), has been opined to be unnecessary by the Court below for it is the plaintiff-respondents, who have to prove their case. Moreover, the suit proceedings were instituted in the year 2004 and the matter is more than 10 years old and is being proceeded with for an early conclusion in the backdrop of the opinions by the Apex Court the land as well as by this Court.
In view of the singular factual matrix of the case at hand so also for the reasons recorded by the Court below while declining the application of the petitioner-defendants; I find no good ground to interfere with the impugned order in exercise of writ jurisdiction under Article 227 of the Constitution of India.
In the result, writ application fails, and is, hereby dismissed.
(VEERENDR SINGH SIRADHANA),J
M.Meena/194
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction under Article 227 to quash the trial court's order declining insistence on the appearance of plaintiff-respondents for cross-examination?
2 provisions across 1 enactments
Sanjay Sharma
Girish
Lokesh
Gyarsi Devi
Munna Devi
Suresh
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
