Allowed

Shri Salauddin S/O Shri Gulab v. Ikram Khan S/O Abdul Rashid

Rajasthan HC12 Feb 2020CW/1200/2020

Case brief

AI extract

What is this about?

High Court Bench at Jaipur allowed a writ petition under Article 227, setting aside a lower court order that denied cross-examination opportunity. The Court permitted a final cross-examination of the plaintiff, subject to a heavy conditional payment of Rs. 25,000 as costs, wherein half goes to the plaintiff and the other half to the Legal Services Authority.

What did the court decide?

Petritioner permitted to cross-examine respondent-plaintiff No.1 on 17.02.2020 upon payment of Rs. 25,000, part to plaintiff and part to District Legal Services Authority, failing which cross-examinat

Shri Salauddin S/O Shri Gulab Vs Ikram Khan… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1200/2020

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Shri Salauddin S/o Shri Gulab, R/o Near Plot No.r-41, Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur (Since Deceased) Through His Legal Heir

¶4

1/1. Farooq S/o Shri Salauddin, By Caste Musalman R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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----Petitioner/Defendant No.1/2

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Versus

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Ikram Khan S/o Abdul Rashid, R/o Plot No.r-40-41, Rana Colony, Krishna Marg, Nahari Ka Naka, Bye Ka Pass, Jaipur

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Iqbal Khan S/o Abdul Rashid, R/o Plot No.r-40-41, Rana Colony, Krishna Marg, Nahari Ka Naka, Bye Ka Pass, Jaipur

¶9

----Respondents/Plaintiffs

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Shri Salauddin S/o Shri Gulab, R/o Near Plot No.r-41, Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur (Since Deceased) Through His Legal Heir

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3/1. Smt. Shaira W/o Shri Salauddin, By Caste Musalman, R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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3/2. Salim S/o Shri Salauddin, By Caste Musalman, R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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3/3. Lal S/o Salauddin, By Caste Musalman, R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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3/4. Imran S/o Salauddin, By Caste Musalman, R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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3/5. Bllu S/o Salauddin, By Caste Musalman, R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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3/6. Shakir S/o Salauddin, By Caste Musalman, R/o Krishna Marg, Nahari Ka Naka, Near Byepass, Rana Colony, Jaipur

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----Respondents

For Petitioner(s)

: Mr. Peush Nag

(2 of 3)

[CW-1200/2020]

For Respondent(s) : Mr. Aslam Khan

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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12/02/2020

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By this writ petition filed under Article 227 of the Constitution of India, the petitioner-defendant (hereinafter referred to as “the defendant”) has challenged the order dated 02.01.2020 passed by the learned Civil Judge cum Metropolitan Magistrate (East) Jaipur Metropolitan, Jaipur (hereinafter referred to as the "trial Court") in case No.435/2012 whereby the trial Court has rejected the application filed by the defendant seeking opportunity to lead the evidence as also the order dated 03.01.2019 by which the application filed by the defendant for cross examination of the respondent-plaintiff No.1 (hereinafter referred to as ‘the plaintiff No.1’) has been dismissed.

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Learned counsel for the defendant did not dispute the fact that defendant had been granted ample opportunities to cross-examine the plaintiff No.1 but the defendant failed to cross-examine the plaintiff No.1. However, learned counsel prayed for one and a last opportunity to the defendant for cross-examination of the plaintiff No.1.

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On the other hand, learned counsel for the plaintiff(s) resisted the prayer and contended that defendant is not at all interested for cross-examination of the plaintiff No.1. Rather his sole object is to delay the pending proceedings. Many opportunities were granted yet he failed to cross-examine the plaintiff No.1. Hence, the writ petition is liable to be dismissed.

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I have considered the submissions made by the learned counsel for the parties and perused the impugned order dated 02.01.2020 with other documents annexed with the writ petition. No

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(3 of 3) [CW-1200/2020]

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doubt that sufficient opportunities were given to the defendant for cross-examination of the plaintiff No.1 but he had failed to do so, therefore, the trial Court was fully justified in passing the impugned order. Be that as it may, denial for cross-examination of the plaintiff No.1 may cause serious prejudice to the defendant, therefore, considering the overall facts and circumstances of the case, it is in the interest of justice that one last opportunity may be given to the defendant for cross-examination of the plaintiff No.1.

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In the result, the writ petition is allowed and impugned order dated 02.01.2020 passed by the trial Court is set aside. Defendant is permitted to cross-examine the plaintiff No.1 on 17.02.2020 on payment of cost of Rs.25,000/-, out of which 12,500/shall be paid to the plaintiff No.1 and remaining 12,500/- shall be deposited with District Legal Services Authority, Jaipur on or before the aforesaid date, failing which, the defendant will not be allowed for the cross-examination. In the event the cost, as aforesaid, is paid by the defendant to the plaintiff No.1, the Trial Court shall allow only one opportunity to the defendant to cross-examine the plaintiff No.1 and no further opportunity in this regard will be granted to the defendant.

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Consequent upon the disposal of the writ petition, the stay application does not survive and the same also stands disposed of accordingly.

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(PRAKASH GUPTA),J

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Mohit200

Shri Salauddin S/O Shri Gulab v. Ikram Khan S/O Abdul Rashid

Case brief

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What did the court decide?

Shri Salauddin S/O Shri Gulab v. Ikram Khan S/O Abdul Rashid

Case brief

What is this about?

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