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2010 Supreme(Del) 106

SHIV NARAYAN DHINGRA
Nandita Chaudhary – Appellant
Versus
Surat Singh Rao – Respondent


Advocates appeared:
Mr. R.K.Saini, Advocate

JUDGMENT

This petition has been preferred by the petitioner against order dated 14th July, 2006 whereby an application under Section 151 CPC made by the petitioner for issuing summons of the witnesses made on the same date was dismissed.

2. Brief facts relevant for the purpose of deciding this petition are that the petitioner filed a suit claiming damages of Rs.10 lac against the defendant on the ground of defamation. In the suit, the petitioner mentioned the name of her neighbor Satnam Aneja as the person in whose eyes the esteem and reputation of the petitioner got lowered due to an alleged false complaint made by the defendant. Similarly, she had desired to examine Shri B.S.Yadav for the same purpose. Affidavit of these two witnesses viz. Shri Satnam Aneja and Shri B.S.Yadav were filed in the Court in August, 2005. Thereafter, these witnesses were to appear for their cross examination in the Court. These witnesses did not appear for their examination in the Court despite opportunities. When the matter was listed on 25th May, 2006, the Court waited for the witness Satnam Aneja upto 2.20 p.m.. At 2.20 pm when the witness was not available, the Court observed that last






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