Final Order 1

Order Details: Other
Pdf Text: 8.11.2019
SU 1562/09
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
None present for plaintiff.
None present for defendant.
KB
LO
Adv. Priyank Shukla for plaintiff present.
Adv. Mahesh Subhramanyam for defendant present.
Draft NM filed by defendant t.o.r.
O Leave is granted to register it.
Copy is given to the plaintiff.
Say filed by advocate for plaintiff.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of
plaintiff. Heard respective counsel for parties.
Draft notice of motion is taken out by defendants to set aside order
dated 20.08.2019 whereby side of defendants was closed.
It is the contention of defendants that on 20.08.2019 when suit was
kept for cross examination of DW1 Sudhakar, he could not remain present
before this Court due to family function in their house on attaining age of
100 years by father of DW1. His advocate also could not appear on the
said date as he was suffering from high infection and intimated said fact to
the advocate for plaintiff. In above circumstances defendants prayed for
recall of said order by setting aside the same.
Plaintiff opposed notice of motion on the count that it is not supported
with documents.
On perusal of roznama dated 20.08.2019 it is apparent that advocate
for plaintiff has submitted that advocate for defendants informed that he is
in difficulty so unable to come to the Court. Therefore, possibility cannot
be ruled out that because of high infection counsel for defendants could not
come to the court and intimate about unavailability of DW1 Sudharkar
Sharma. Reasons assigned by defendants in my view are sufficient to set
aside order dated 20.08.2019. Therefore, in the interest of justice and fair
trial I am inclined to allow present notice of motion by condoning delay if
any caused for taking out said notice of motion. Hence, pass following
order:
ORDER
1. Draft notice of motion is allowed and made absolute in terms of
prayer clause (a).
2. DW1 Sudhakar Sharma is hereby directed to remain present on next
date in the Court and make himself available for cross examination without
fail.
3. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Adjourned for cross examination 13.12.2019.
Judge
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