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2023 Supreme(Del) 1718

TUSHAR RAO GEDELA
S. Gurbachan Singh – Appellant
Versus
Geeta Issar – Respondent


Advocates appeared:
Mr. Nitin Mittal, Advocate alongwith Mr. Kuljeet Singh, AR, for the Petitioner.
Mr. Rishi Sood, Advocate, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 17463-64/2023

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

2. The applications stand disposed of.

CM APPL. 17465/2023

3. This is an application seeking exemption from filing the Trial Court record.

4. At this stage, there is no requirement to summon the Trial Court record.

5. The application is disposed of accordingly.

CM(M) 576/2023 & CM APPL. 17462/2023 (Stay)

6. The petitioner challenges the order dated 21.02.2023 passed in RC/ARC No. 5210/2016 titled Geeta Issar vs. S. Gurbachan Singh, whereby the petitioners have been directed to cross-examine the witness of the respondent before the Local Commissioner on the basis of the photocopies of the documents, the originals whereof have been permitted to be filed subsequently.

7. Mr. Nitin Mittal, learned counsel appearing for the petitioner submits that the procedure as stipulated vide the impugned order is a unique procedure inasmuch as even before the original documents have been produced before the learned Trial Court or the Local Commissioner, the Court is expecting the petitioner to conduct cross-examination on tho

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