Sunita vs Premwati

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Sunita – Appellant
Versus
Premwati – Respondent

Table of Content
1. petition challenges closure of cross-examination rights. (Para 1)
2. court observed improper rejection of further cross-examination request. (Para 3 , 4)
3. court remarks on relevance of questions in cross-examination. (Para 5)
4. petitioner granted opportunity for continued cross-examination. (Para 6)
5. petition allowed; no costs ordered. (Para 7)

ORDER (Oral)

1. This petition under Article 227 of the Constitution of India assails order dated 14th September 2022 passed by the learned Civil Judge in CS SCJ 307/17 (Premwati v. Sunita) to the extent it closed the right of the petitioner, as the defendant in the suit, to cross-examine PW-1. Mr. Rana submits that, on 14th September 2022, the application of the respondent-plaintiff under Order VII Rule 14 of the CPC was allowed, PW-1 was examined and cross-examination of PW-1 was commenced by learned Counsel for the petitioner at 3 p.m. He submits that learned Counsel for the petitioner cross-examined PW-1 for three hours till 6.10 p.m. and then sought an adjournment for further cross-examination which has been declined by the learned Civil Judge.

2. The impugned order reads thus:

"At 02:30 PM.

Present: Sh. Rajpal Gul

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