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DELHI HIGH COURT
C.HARI SHANKAR
Rakesh Kumar – Appellant
Versus
Saraswati Devi – Respondent
| Table of Content |
|---|
| 1. default in prosecuting matter challenged. (Para 1 , 2) |
| 2. record of adjournments reflects delays in cross-examination. (Para 3 , 4) |
| 3. witness treatment and speedy trial emphasized. (Para 5 , 6) |
| 4. failure of counsel cannot excuse default. (Para 7 , 8 , 9) |
| 5. court dismisses petition without interference. (Para 10 , 11) |
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
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.
Payment of costs imposed only can be considered to be ‘special circumstances’ which were beyond knowledge and control of petitioner/defendant under Order 17 rule 2 of Civil Procedure Code.
The court emphasized the importance of providing a fair opportunity for cross-examination and ensuring expeditious disposal of the trial.
The court emphasized the importance of completing cross-examination within the time frame set by the High Court and allowed two additional days for cross-examination as a special case.
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