Full Order Text
Order 17 · 01 Jun 2026 · CNR DLNE030001742023
Order Details: COPY OF ORDER Pdf Text: 12 Civ Suit 102/23 MR. NURUDDIN Vs. SH. PAWAN KUMAR GUPTA 01.06.2026 Present: Sh. Md. Tariq, Ld. counsel for plaintiff alongwith PW-2/Shamshul Hasan. Sh. Rahul Ranjan, Ld. counsel for defendant. Fresh vakalatnama filed on behalf of defendant, taken on record. Defendant moved an application u/o 18 Rule 17 CPC for recalling of PW-1. It is stated that the applicant/defendant could not cross-examine the witness as counsel for respondent was recently engaged and was not having the entire set of suit as well as copy of affidavit and same was pleaded to this court but same was not recorded. It is further submitted that the defendant undertake not to take adjournment and will cross-examine the PW-1 on single date of hearing. It is further submitted that PW-1 is crucial witness, who can throw the light on true facts. After arguments on behalf of applicant/defendant, it is submitted by Ld. counsel for defendant that due to some urgent matter at DRT, the present matter may be passed over for 11:30 AM. -- 1 of 3 -- At request by Ld. counsel for defendant, matter is passover for 11:30 AM. AJAY KUMAR MALIK JSCC/ASCJ/G.JUDGE (N/E) 01.06.2026 At 11:46 AM. Present: Sh. Md. Tariq, Ld. counsel for plaintiff alongwith PW-2/Shamshul Hasan. Sh. Rahul Ranjan, Ld. counsel for defendant. It is submitted by Ld. counsel for respondent/plaintiff that for how many times, the counsel for defendant will take plea that he recently got engaged. It is further submitted that same counsel Sh. Rahul Ranjan appeared on 11.06.2025, so, he cannot say in month of August, 2025 that he recently got engaged. It is further submitted that on 12.08.2025, Ld. counsel for defendant appeared through VC on first call and matter got taken up again and again on same day but none appeared on behalf of defendant. Perusal of record shows that Ld. counsel Sh. Rahul Ranjan filed his memo of appearance on 20.05.2025 and thereafter, appeared on 11.06.2025 and not responded to court for three times when matter was taken up again and again after first passover on 12.08.2025. The act of non-appearance after taking the passover is deliberate and intentional and non-appreciable also. Such act has bounded the court to not to do anything as the -- 2 of 3 -- appearance caused by defendant in the morning and thereafter, none appeared for next three calls (at 12:00 PM, 12:32 PM & 02:10 PM) which could have given excuse to the defendant that the appearance has been caused by the defendant, so, matter should have been adjourned. No cogent ground assigned for non- appearance on further calls after taking passover by defendant himself. The present application u/o 18 Rule 17 CPC is devoid of merits, hence, dismissed. It is submitted by Ld. counsel for defendant that he need to attend some urgent matter, so, the mater may be passed over for 12:30 PM. Matter is passover for 12:30 PM. AJAY KUMAR MALIK JSCC/ASCJ/G.JUDGE (N/E) 01.06.2026 At 01:28 PM. Present: Sh. Md. Tariq, Ld. counsel for plaintiff alongwith PW-2/Shamshul Hasan. Sh. Rahul Ranjan, Ld. counsel for defendant. Matter is adjourned for PE. It be relisted on 08.07.2026. AJAY KUMAR MALIK JSCC/ASCJ/G.JUDGE (N/E) 01.06.2026 -- 3 of 3 --