JUDGMENT (Oral)

1. This is yet another case in which the default in properly prosecuting the matter during trial is being sought to be undone by recourse to Article 227 of the Constitution of India.

2. The order dated 18th May 2022, passed in CS 9757/2016 (Saraswati Devi v. Rakesh Kumar) impugned in the present petition, closes the right of the petitioner, as the defendant in the suit, to cross-examine the respondent (the plaintiff in the suit), who happens to be a lady, 75 years of age, who requires physical support to come to the Court.

3. Learned Counsel for the petitioner has very fairly placed on record the entire order sheets of the Court below, as per the directions of this Court on the last date of hearing. A perusal thereof reveals that affidavit by way of evidence was tendered by the respondent as PW-1 on 20th July 2017 and cross-examination of PW-1 was deferred on the said date. Thereafter, adjournments have been sought by the petitioner, to cross-examine respondent as PW-1 on 20th September 2017, 11th December 2017, 16th January 2018, 22nd May 2019, 6th February 2020, 19th March 2021, 22nd March 2022 and 18th May 2022, apart from 6th July 2018 and 18th September 2018 when the matter was adjourned at joint request.

4. The order sheets of the aforesaid dates of hearing read thus:

Order dated 20th September 2017

"CS No. 9757/16

20.09.2017

Present: Plaintiff with Ld. Counsel YP Singh, Ld. Counsel for the Plaintiff

Defendant with Ld. Counsel Sh. Narender Singh (proxy counsel)

Defendant seeks adjournment as main counsel has went to school of child in urgent meeting called as to safety of student.

Heard. Not opposed.

In the interest of justice an adjournment is granted for purpose fixed for 11.12.17 for RPE.

SCJ/East

20.09.17"

Order dated 11th December 2017

"CS No. 9757/16

Saraswati Devi vs Rakesh Kumar

11.12.2017

Present: Plaintiff/PW-1 with counsel Ms. Vibha Walia. Defendant with proxy counsel Sh. Abhishek Vajpayi.

Proxy counsel for defendant seeks adjournment citing unavailability of the main counsel Sh. Pratyush Chirantan as he is stated to have gone to Vashno Devi. Same is opposed by counsel for plaintiff.

In the interest of justice, last and final opportunity is granted to the defendant to cross examine the plaintiff/PW-1. It is being clarified that no further opportunity shall be granted to the defendant to cross examine the plaintiff/PW-1.

Put up for PE/cross examination of PW-1 on 16.01.2018.

(Harleen Singh)

SCJ/RC (East)/11.12.2017"

Order dated 16th January 2018

"CS No. 9757/16

Saraswati Devi vs Rakesh Kumar

16.01.2018

Present: Plaintiff/PW-1 with counsel Ms Vibha Walia. Defendant in person.

Defendant submits that he wishes to seek legal aid.

Defendant is referred to the office of DLSA, East for the needful.

Put up for PE/cross examination of plaintiff/PW-1 by way of last and final opportunity on 23.03.2018.

(Harleen Singh)

SCJ/RC (East)/16.01.2018"

Order dated 6th July 2018

"CS No.9757/16

Saraswati Devi Rakesh Kumar

06.07.2018

Present: Plaintiff/PW-1 with proxy counsel Sh. Y P Singh Ahluwalia.

Defendant with counsel Sh. Pratyush Chirantan.

At joint request, put up for PE/cross examination of plaintiff/PW-1 for 18.09.2018.

(Harleen Singh)

SCJ/RC (East)/06.07.2018"

Order dated 18th September 2018

"Civ Suit No. 9757/16

Saraswati Devi Vs. Rakesh Kumar

18.09.2018

Present: Sh. Dinesh Kumar, son of plaintiff. None for defendant.

Son of plaintiff seeks passover for appearance of the plaintiff and her counsel.

At request, matter is passed over for 12.30 p.m.

(Harleen Singh)

SCJ