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TUSHAR RAO GEDELA
Wakf Khan Bahadur Nawab Abul Hasan Khan – Appellant
Versus
Ishwari Prasad Chaturvedi (Deceased) Through Lrs – Respondent
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 pet
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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