SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Del) 1415

PRATHIBA M. SINGH
HDFC Ltd – Appellant
Versus
Anukaran Malik – Respondent


Advocates appeared:
Karnail Singh, Advocate, Subey Singh Panwar, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through video conferencing.

2. The present petition challenges two impugned orders dated 10th april, 2019 and 2nd July, 2019 passed by the Trial Court in CS No.55486/16 titled anukaran Malik v. Housing Development Finance Corporation Ltd.

3. The background of this matter, is that the Respondent/Plaintiff (hereinafter 'Plaintiff') filed a suit for recovery against the Petitioner/Defendant (hereinafter 'Defendant') in 2013, seeking recovery of a sum of Rs. 16,80,000/- along with interest. The said suit was at the stage of trial and the Defendant, which is an NBFC, sought to lead evidence of a witness, i.e., DW-2-Ms. Geetika Vaish. Though her evidence by way of an affidavit was filed, DW-2 was not present before the Trial Court for tendering of the affidavit and for cross examination. an adjournment was sought on the ground that she had to urgently leave for Mumbai due to official work. This adjournment was refused and the evidence of the Defendant was closed vide order dated 10th april, 2019. an application was thereafter preferred by the Defendant under Order XVIII Rule 17 CPC, seeking reopening of evidence of DW-2 and recall

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top