Order 10

Order Details: COPY OF ORDER
Pdf Text: CS 252/25
PRACHIN JAI MAA DURGE MANDIR EVAM SHREE SIDDH
BABA MANGAT RAM TRUST Vs. Girdhari Lal and ors
CNR No. DLET01-002159-2025
10.09.2026
Present: Sh. Virender Singh, Ld. Counsel for the plaintiffs
alongwith trustee of the plaintiff No. 1/PW-1 namely
Sh. Rampal in person.
Sh. Chirag Kaushik, Ld. Associate Counsel (Enroll.
No.D-2438/2022) for Sh. Honey Kaushik, Ld. Counsel
for the defendants (through VC).
Defendants No. 1 in person.
Matter is listed for PE. PW-1 namely Sh. Rampal is
present for his examination.
However, Ld. Associate Counsel for the defendants
sought pass over till 2 p.m. on the ground that the Ld. Main Counsel
is occupied in another Court.
The request for pass over has vehemently been
opposed by the Ld. Counsel for the plaintiff on the ground that the
witness is a senior citizen aged about more than 80 Years and he
cannot be made to sit in the Court for endless period just because the
Ld. Counsel is busy in some other Court.
This Court finds force in the submissions of the Ld.
Counsel, as the witness is a senior citizen, more than 80 Years and
therefore, he cannot be made to wait till post lunch session.
Furthermore, passover cannot be given as a matter of
right as the Hon’ble High Court of Delhi, in the case titled as
‘M/S
EC Constructions Pvt. Ltd. vs Neeraj Zutshi And Anr, 2025: DHC:
10113, para no. 7’) observed as under, that
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“7.Perusal of the trial court orders, as produced by
learned counsel for respondents shows that on almost
each date, either adjournment or pass over was sought on
behalf of petitioner/plaintiff. From submissions
advanced today, it appears that the learned counsel for
petitioner/plaintiff is under
mistaken impression that pass overs are matter of right
of the counsel. That is not so. Adjournments and pass
over are courtesies extended by the court to
accommodate the counsel. But that cannot be allowed to
make the opposite side suffer. It is for the counsel to
maintain their diary so that the other side may not
suffer.”
As such, this Court is granting last and final
opportunity to the defendant to cross examine the PW1, subject to
cost of . 3000/- to compensate the inconvenience faced by an elderly	₹
person, who is present in Court for his evidence, but has to go back
unexamined because the Ld. Main Counsel for defendants is not
available.
It is further directed that the parties and their
respective Ld. Counsel shall appear on the first call for the
examination of PW-1, on the NDOH. If the defendant or his Ld.
Counsel fails to examine PWs on the next date of hearing, the right
of the defendants to cross-examine PWs shall be
ipso-facto closed.
As such, be listed for entire PE on 13.10.2026, as a
matter of absolute last and final opportunity.
Date is given as per the choice and convenience of the
Ld. Counsel for the parties.
(SANDEEP KUMAR SHARMA)
District Judge-04, East District,
Karkardooma Courts, Delhi
10.09.2026
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