Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33 CS SCJ 971/23
SATISH KUMAR Vs. RANJEET
29.01.2025
Present: Sh. Gujari Lal, Ld. Counsel for the plaintiff.
Sh. Satya Pal, Ld. Counsel for the defendant.
1. Both the counsels have addressed arguments on application
of the defendant U/s 14A SRA.
2. Ld. Counsel for the defendant has moved an application U/s
14A SRA praying that an expert may be engaged from the office of
T.P.D.D.L, Grid Sub Station, Hudson Line, Kingsway Camp,
Delhi – 110009.
3. It is submitted by the defendant that the electricity meter on
which the plaintiff has relied is supplying electricity to the first
floor, second floor and third floor of the suit property and it is
prayed that the expert be appointed to file a report on the following
issues:
“a. On which date electricity meter having C.A. No. / Bill
copy attached was installed in the name of the plaintiff.
b. Where the wiring of the said electricity meter is going.”
4. Ld. Counsel for the plaintiff has argued that the application
is frivolous in nature and it is argued that the application be
dismissed with heavy cost.
5. Arguments heard. Record perused.
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2.
6. The defendant has prayed that an expert be appointed to file
a report with regard to the date on which electricity meter was
installed and regarding the wiring of the said electricity meter. It is
stated by Ld. Counsel for the defendant that the report of expert is
necessary to show the conduct of the plaintiff.
7. Perusal of the application of the defendant shows that in the
garb of expert report, the defendant is trying to collect evidence to
dis-credit the case of the plaintiff. It is a settled law that experts /
LC can be appointed only for clearing any doubt which helps the
court in arriving at a decision in the matter. Further, Court cannot
collect evidence on behalf of the parties. The defendant can always
cross examine the plaintiff qua the case and produce evidence in
his favour during defence evidence. Accordingly, the application
of the defendant stands dismissed and accordingly, disposed off.
8. List the matter for filing of affidavit of admission / denial of
documents and framing of issues and arguments on application
under Order 39 Rule 1 and 2 CPC on 10.03.2025.
(Charan Salwan)
CJ-03 : Central : THC : Delhi.
29.01.2025
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