Naveen Chander Kapur vs State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
ASHA MENON
Naveen Chander Kapur – Appellant
Versus
State – Respondent

Table of Content
1. chamber appeal on examination order (Para 1)
2. contentions against attesting witness examination (Para 2 , 3)
3. right to examine witness before party (Para 4)
4. court's reasoning on examination order (Para 5)
5. chamber appeal dismissed (Para 6)

ORDER

O.A.22/2021 [Chamber Appeal by the respondents/appellants under Rule 5, Chapter-II of the Delhi High Court (original side) Rules, 2018 read with Section 151 CPC against the order dated 17th March, 2021 passed by Joint Registrar (Judicial)] in TEST.CAS. 3/2011

1. This Chamber Appeal has been preferred by the appellants being the contesting respondents against the order dated 17th March, 2021 passed by the learned Joint Registrar permitting the attesting witness to be examined prior to the petitioner.

2. Mr. Peeyoosh Kalra, learned counsel for the appellants/respondents submitted that under Order XVIII Rule 3A CPC, the party had to appear as a witness before any other witness on his behalf was examined. It was submitted that no application had been moved by the respondent/petitioner before the learned Joint Registrar to explain why he wished to examine the attesting witness before he himself was examined. It is also t

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