Umashanker Pandey – Appellant
Versus
B. K. Uppal – Respondent
ORDER
RATNAVEL PANDIAN, J. - This SLP is directed against the judgment and order dated November 9, 1989 of the High Court of Delhi in FAO (OS) 171/89 in limine dismissing the appeal preferred as against the order of a learned Single Judge dated July 25, 1989 sitting on the original side of the High Court. The petitioner/plaintiff filed Suit No. 128 of 1983 for damages. The respondents herein were the defendants in the suit of whom the defendants 1 and 2 filed I.A. No. 5253 of 1989 seeking permission of the court to inspect the property in dispute by defendant 1 and his counsel and to take photographs, if necessary, of the said property for the cross-examination of the plaintiff. This plea of the defendants 1 and 2 was stoutly opposed by the petitioner/plaintiff. The learned Single Judge passed an order dated July 25, 1989 allowing IA, the relevant portion of which reads thus :
"The only prayer is for inspection of the property by advocate and for taking of photographs of the property by the advocate and not by any professional photographer, which according to defendants, will facilitate the cross-examination of the plaintiff. I can see no possible prejudice to the plaintiff in case
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