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2021 Supreme(Del) 677

AMIT BANSAL
Laxman Public School Society – Appellant
Versus
Navshakti Educational Society – Respondent


Advocate Appeared:
For the Appellant :Mr. Saurabh Kirpal, Senior Advocate with Mr. Rajinder Singh, Mr. Moinuddin Khan, Ms. Tanima Gaur, Mr. Piyush Gupta and Mr. Lakshya Dheer, Advocates.
For the Respondent:Mr. Prashant Mehta with Ms. Ishita Choudhry, Advocates.

JUDGMENT :

1. The present petition has been filed under Article 227 of the Constitution of India against the order dated 25th October, 2021 passed by the Senior Civil Judge (West), Tis Hazari Courts, Delhi in CS SCJ No.607119/2016, whereby the Trial Court while appointing a Local Commissioner to record the evidence of PW-9, has held that objections raised by the petitioners/defendants with regard to mode of proof and admissibility of document marked as Ex.PW-9/1(Colly) in the affidavit by way of evidence, will be considered at the time of final arguments.

2. Before I proceed to deal with the contentions raised by the counsels on merits, I would like to highlight the part of the impugned order wherein it is recorded that the present suit was filed in the year 1984 and is the oldest matter in the Court. It is a sad state of affairs that a suit filed in 1984 still remains pending.

3. Earlier, I had occasion to deal with an application (CM No.9194/2021) in a petition under Article 227 of the Constitution of India arising out of the same suit, which was disposed of vide order dated 1st October, 2021. The said petition, under Article 227 of the Constitution of India, being CM(M) 150/2020, w

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