Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 CS SCJ 968/24 KAVITA SOOD Vs. SONU
UPADHYAY
07.07.2026
Present: Sh. Himanshu Pal and Sh. Kunal Makwana Ld.
Counsels for plaintiff
Sh. Kuldeep Tomar Ld. Proxy counsel for
defendant.
The case is at the stage of DE. However, an
application U/o 18 rule 17 CPC has been made on behalf of
defendant seeking directions to recall PW-2 for cross
examination. It is stated in the application that the
defendant or his counsel could not appear on 08.04.2026 as
the defendant could not inform the counsel about the date of
hearing.
Today, Ld. Counsel for defendant has not
appeared /joined the proceedings and his proxy namely Sh.
Kuldeep is present before the court and is not in a position
to argue the application. It is noted that the defendant is
being represented by a Legal Aid Counsel and it is not
acceptable that the counsel failed to appear before the court
only because the defendant did not inform him about the
NDOH. It is relevant to note that the legal aid counsel was
assigned the present case on 06.04.2026 as evident from the
letter of assignment and it can be presumed that NDOH was
in the knowledge of the counsel when the case was assigned
to him.
There is no other ground stated in the
application for recalling the witness. It is further noted that
the suit is pending since 2024. Considering the over all
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conduct of the defendant and the fact that the Ld. LAC for
defendant has merely filed the present application and
chose not to join the proceedings, the present application
U/o 18 rule 17 CPC stands dismissed.
Affidavit of evidence has been filed on behalf
of defendant.
Adjournment is requested on behalf of
defendant stating that main counsel is not available today.
In the interest of justice, one opportunity is granted to the
defendant to lead DE subject to cost of Rs.2,000/- to be
paid to the plaintiff.
Be put up for DE on 11.08.2026.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North, Rohini Courts,Delhi/07.07.2026
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