Kailashwa ashwati (since deceased) through LR gh LRs v. Deepak Ag ak Aggarwal and others
Case Details
CR-7151-2024 1 IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 134 Civil Revision N Date of decision ion No.7151 of 2024 cision :-05.02.2025 Kailashwa ashwati (since deceased) through LR gh LRs Versus Deepak Ag ak Aggarwal and others …..Petitioners …..Respondents CORAM: AM:- HON'BLE MS. JUSTICE NI E NIDHI GUPTA Present:- ocate Mr. Shikhar Sarin, Advocate for the petitioners. Mr. Sukesh Kumar Jindal, Adv al, Advocate for the respondents. NIDHI GU HI GUPTA J. (Oral) Prayer in this petition is for se s for setting aside the impugned order date r dated 21.11.2024 (Annexure P-7 7) passed by the learned Judicial M ial Magistrate 1st Class (Rent Contr Controller), Gurugram in RA No.76 of 2 6 of 2015 titled as “Deepak Aggarw
Legal Reasoning
ggarwal and another vs. Smt. Kailashwat ashwati and others”, whereby the app he application seeking recalling of respond spondent No.1 for further cross-exa examination by the present petitioners ioners has been dismissed. On 21.11.2024 while passing t ssing the detailed order, learned Rent Contr Controller, Gurugram has conclude ncluded the same that “….this court is of is of the considered view that no gr o ground for recalling of the said witnes itness or recalling of the order date dated 24.4.2017 is made out. Accordingl ingly, the application at hand dismis ismissed.” VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document CR-7151-2024 2 Learned counsel for the respon respondents (petitioners herein) submits th its that the plaintiffs had filed an E d an Ejectment Petition under Section 13 on 13 of the Haryana Urban (Contro (Control of Rent and Eviction) Act, 1973 1973 seeking ejectment of the pres e present petitioners from the House No. e No.424/3 (old) and 788/6 (new), (new), Roshanpura, Gurugram, Haryana. ana. It is the third attempt at the at the behest of the landlords seeking eje ing ejectment of the present petitione titioners. The petitioners filed their writte written statement before the learned C rned Court below and thereafter the case w case was fixed for evidence of the f the parties. On 27.9.2016, examinatio ination-in-chief of respondent No.1 w No.1 was completed, however, cross-exam examination upon the said witness w tness was deferred. Thereafter on 13.10.20 3.10.2016 and 08.12.2016 the said wi aid witness could not be cross- examined a ined and on joint request of learned c rned counsel for the parties, the matter was er was adjourned. On 10.1.2017 the 7 the said witness was partly cross-exam examined. Thereafter, on 16.3.2017 .2017 further cross-examination upon the sa the said witness again could not be d ot be done and the proceedings were defe deferred to 24.4.2017, however, ever, subject to payment of Rs.2000/- - as costs. On 18.4.2017 the 17 the petitioners moved an application cation under Order 7 Rule 11 of CPC f CPC seeking rejection of the petition. H ion. However, the learned trial Court Court on 24.4.2017 passed the following o wing order :- “Today the cas case was fixed for cross- examination of PW1 1 Deepak Aggarwal, how- ever the same has not b not been carried. Ld. Counsel for the respondent sub submitted that after the last date of hearing, an ap n application U/o 7 Rule 11 CPC has been filed on on record on 18.4.2017 and VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document CR-7151-2024 3 before this there is n is no such requirement of further cross-examinati ination as firstly legal pleas as taken in the applicati lication have to be decided. The same requ request has been strongly opposed by Ld. Counse unsel for the petitioner and he submitted that issues es were framed on 12.5.2016 and thereafter witness ness Deepak Ag-garwal has appeared several times and tim this filing of application U/o VII R II Rule 11 CPC is merely a delaying tact-tic. Acco Accordingly, he prayed that opportunity to cross oss examine the witness be closed. Perusal of the file e file reflects that PW Deepak Aggarwal first appear peared before the Court on 27.9.2016, followed by d by 13.10.2016, 8.12.2016, 10.1.2017, 16.3.2017 an 17 and even today, which was last opportunity for t or the cross-examination of above named wit-nes ness. Though, cost of Rs. 2000/- in compliance o ce of order dt. 16.3.2017 has been paid to the witness tness, however merely moving an application U/o V /o VII Rule 11 CPC is no ground to further gran grant adjournment for cross- examination. Undoubte ubtedly, the suit cannot be proceeded ahead witho ithout deciding legal pleas or application U/o VII Rul Rule 11 CPC, however in the present suit applicatio ication has been moved at belated stage, while the e the suit was fixed for cross- examination of above n ove named witness subject to last opportunity. Resul esultantly, there is no good ground to further ad adjourned the matter and opportunity to cross exa s examine stands closed. Case be posted for 15.5.2017 017 for filing reply as well as consideration on the ap e application U/o VII Rule 11 CPC.” VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document CR-7151-2024 4 Thereafter, the petitioners m ers moved an application on 15.5.2017 s .2017 seeking recalling of the witness M itness Mr. Deepak Aggarwal for further cro er cross-examination. Thereafter th fter the impugned order dated 21.11.2024 1.2024 (Annexure P-7) has been pa een passed by the learned trial Court. Learned counsel submits tha its that the petitioners would suffer irrep r irreparable loss if the impugned ugned order dated 21.11.2024 (Annexure exure P-7) is not set aside. At the ver the very outset, learned counsel submits th its that one effective opportunity unity may be granted to the petitioners ioners herein to complete the cros e cross-examination upon the witness, n ess, namely, Deepak Aggarwal, as , as grave injustice will be caused to ed to them if they are not permitted to ted to do so. Learned counsel appearing fo ing for the respondents submits that he ha he has no objection in case the p the prayer of the petitioners regarding c rding completion of cross-examination nation upon the witness Deepak Aggarwal arwal is accepted, however, subjec subject to payment of some reasonable nable costs. Heard. Accordingly, keeping in view in v the above facts as canvassed assed by learned Counsel for the the petitioners, this petition is allowed an and impugned order dated 21.11.2 21.11.2024 (Annexure P-7) is set aside. The . The learned Court below is direc directed to grant one effective opportunity rtunity to enable the petitioners here herein to conclude remaining cross-exam examination upon the witness De ss Deepak Aggarwal, however subject to p ct to payment of Rs.50,000/- as costs costs to be deposited within two weeks from s from today in the “Poor Patients’ tients’ Welfare Fund of the Post VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document CR-7151-2024 5 Graduate I uate Institute of Medical Education cation and Research (PGIMER), Chandigarh digarh”.
Decision
Disposed of as above. Pending application(s), if any, if any, stands disposed of. uary 05, 2025 February 0 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document