Pitam Goel vs Radhey Shyam - 2023 Supreme(Del) 1535

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1535

TUSHAR RAO GEDELA
Pitam Goel – Appellant
Versus
Radhey Shyam – Respondent

Advocates appeared:
Ms. Vibha Mahajan Seth and Mr. Gaurav Manuja, Advocates, for the Petitioner.
Mr. Mukesh Kumar Sharma and Mr. Kumar Bhardwaj, Advocates, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 22356/2023 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 714/2023 & CM APPL. 22355/2023 (for stay)

3. Petitioner challenges the order dated 24.02.2023 in CS No. 58442/16 titled "Radhey Shyam (Senior Citizen) vs. Parmeshwari Dass & Anr." whereby the learned Trial Court has closed the right of petitioner/ defendant No.1 to lead further defence evidence on the ground that the learned Trial Court on perusal of the previous order sheets found that the petitioner/ defendant No.1 is not inclined to lead his defence evidence and had sought repeated adjournments.

4. Ms. Vibha Mahajan Seth, learned counsel for the petitioner submits that the cross-examination of petitioner/ defendant No.1, who appeared as DW-1 before the learned Trial Court was concluded on 01.02.2023. Learned counsel submits that on 14.02.2023 the application seeking summoning of witnesses was also filed seeking summoning of about 8 witnesses.

5. Learned counsel submits that ignoring the aforesaid application, the learned Trial Court has passed the i

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