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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Wakf Khan Bahadur Nawab Abul Hasan Khan – Appellant
Versus
Ishwari Prasad Chaturvedi (Deceased) Through Lrs – Respondent
CM(M) 1435 of 2018 & CM APP No. 49557 of 2018 (Stay) & CM(M) 729 of 2019 & CM APP No. 22075 of 2019 (Stay)
Decided On : 31-01-2023
Cross-Examination - Opportunity to Cross-Examine Witness - The court set aside the order closing the cross-examination of a witness and granted the petitioners an opportunity to cross-examine the witness, directing the Trial Court to permit the petitioners to conduct cross-examination on a specified date.
Fact of the Case:
The petitioners challenged the order closing the cross-examination of a witness in a suit, arguing that no further opportunity was required to be granted.
Finding of the Court:
The court set aside the impugned order and granted an opportunity to cross-examine the witness, directing the Trial Court to permit the petitioners to conduct cross-examination on a specified date. The petitions were disposed of with no order as to costs.
Issues: Challenge to order closing cross-examination of witness
Ratio Decidendi: The court found that the petitioners should be granted an opportunity to cross-examine the witness and directed the Trial Court to permit the cross-examination on a specified date.
Final Decision: The impugned order was set aside and an opportunity to cross-examine the witness was granted to the petitioners, with the Trial Court directed to permit the cross-examination on a specified date.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioners in the present petitions challenging the order dated 19.11.2018 passed in Suit No. 8789/2016 titled `Shri Ishwari Prasad Chaturvedi (Since Deceased) through LRs vs Wakf Khan Bahadur Nawab Abul Hasan Khan & Ors.', whereby the cross-examination of PW-1 namely Sh. A.K. Chaturvedi was closed on the ground that two opportunities were already given and the matter being one of the oldest, learned Trial Court deemed it appropriate that no further opportunity was required to be granted.
2. With consent of the counsel, on instructions of their parties, the impugned order is set aside and an opportunity to cross-examine PW-1 namely Sh. A.K. Chaturvedi is granted to the petitioners.
3. It is informed by the counsel for the parties that the next date of hearing before the learned Trial Court is fixed for 12.04.2023.
4. Learned Trial Court is directed to permit the petitioners i.e. defendant Nos.1 and 2 and defendant No.3 before the learned Trial Court to conduct cross-examination of PW-1 on and from 12.04.2023 onwards.
5. With the aforesaid directions, nothing survives for the petitions to adjudicate further. Accordingly, the petitions stand disposed of, with no order as to costs
The right to cross-examine a witness and the discretion of the court to grant further opportunities for cross-examination.
Failure to challenge key orders and adopting tactics to delay litigation can impact the court's decision and lead to dismissal of petitions.
Default in prosecuting legal matters justifies closure of cross-examination rights; adjournments must be justified to ensure speedy court proceedings.
The court affirmed the essential right to cross-examine witnesses fully, emphasizing no counsel should be compelled to conclude cross-examination in one sitting without justified reasons.
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