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2024 Supreme(Online)(DEL) 21396
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1556/2008 SMT SUDHA SHARMA & ORS.
..... Plaintiffs Through:
Mr. P.K. Verma & Mr. Sisad, Advocates for counter-claimant/Rohit Malik.
versus SMT. SWADESH BHASKAR & ORS. ..... Defendants Through:
Mr. Himanshu Buttan, Mr. Shivam Handa & Ms.Ojasvi Anndi, Advocates for D-1 to 4.
Mr. Aditya Bakshi & Ms. Tulna Rampal, Advocates for D-6(a) to (c), 7 & 8.
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
MR. M.B. SINGH
ORDER
% 21.02.2024 I.A. 3984/2023 (u/OXXVI Rule 9 r/w Section 151 of CPC, 1908)
1. By way of present application, the applicant/counter claimant seeks appointment of a Local Commissioner to conduct the cross-examination.
2. Learned counsel on behalf of the non-applicants/defendant Nos. 1 to 4 has serious objections to the recording of the evidence through the Local Commissioner on the ground that the medical records so relied upon by the applicant/counter claimant are of 2022 and they do not disclose a medical disability of the kind which prevents the applicant/counter claimant-plaintiffs from coming to the Court for recording of the evidence.
3. Learned counsel on behalf of the non-applicants/defendant Nos. 1 to 4 has also taken an objection of the evidence being recorded at the residence of the applicant/counter claimant by the Local Commissioner for the reasons best known to him.
4. After some arguments, it is agreed that in view of the Video Conferencing Rules, the testimony of the applicant/counter claimant be recorded through video conferencing before the Joint Registrar for that purpose, a Local Commissioner may be appointed to be the Nodal Officer.
5. In view of the submissions made, it is hereby directed that the Joint Registrar may make the necessary arrangements in consultation with the parties and fix one date for recording of the evidence of the applicant/counter claimant through video conferencing.
6. The evidence of applicant/counter claimant be preferably recorded on one day within one month. Thereafter, testimony of the other witnesses of the applicant/counter claimant be recorded by the Joint Registrar in a normal course of action.
7. Accordingly, Mr. Rajesh Mishra, Advocate, Mobile No. 9910002221, is hereby appointed as the Local Commissioner to act as a Nodal Officer who shall remain present at the residence of the applicant/counter claimant at the time of recording of the evidence.
8. The fee of the Local Commissioner is fixed at Rs. 50,000/- to be paid by the applicant/counter claimant.
9. The Local Commissioner shall submit a report to that effect within 15 days of recording of the evidence.
10. Accordingly, the present application is disposed of.
CS(OS) 1556/2008
11. In view of the Order passed in I.A. 3984/2023, list before the Joint Registrar on 14.03.2024 for recording of the evidence of the applicant/counter claimant.
NEENA BANSAL KRISHNA, J FEBRUARY 21, 2024 S.Sharma
