PRAHLAD SWARUP AGGAIWAL Vs. RATTAN BALA AGGARWAL

JUDGEMENT

(1.) Case records have been receded. On perusal of the same I find that the proceedings, to which the impugned order pertains were, on an application under Section 24 of the Hindu Marriage Act, filed by the respondent, who is also respondent in the petition filed by the present petitioner under Section 13 (ia) of the Act.

(2.) On perusal of the order sheets I find that in fact the application under Section 24 of the Act was listed for orders on 3rd July, 1986 by order dated 26th May, 1986 when the petitioner moved on application for cross-examining the respondent. This application was allowed. After that application was disposed of by order dated 27th October, 1986, the petitioner moved another application under Order 12 Rule 8 CPC. That application was disposed of vide order dated 25th April, 1987 and then the case was fixed for cross-examination of the parties in respect to their respective affidavits filed in connection with the application under Section 24 of the Act. After conducting part crossexamination, the petitioner kept on seeking adjournments and in between filed applications including the one under Order II Rule 12 CPC. After that application was disposed of, again date for cross-examination was fixed and eventually by order dated 25th December, 1988, the Court allowed request of the petitioner for adjournment for cross-examination of the respondent on payment of Rs. 100.00 as costs and fixed 13/14th March, 1989 to be the date for the purpose.

(3.) The petitioner did not stop at that and moved an application under Order 47 Rule I CPC. That was disposed of by order dated 11th May, 1989 and the matter was again listed for cross-examination of the respondent and lastly on 28th May, 1990 the Court after taking note of the fact that the order of cross-examination had been made for the first time as far back as 25th April, 1987, allowed the request of the petitioner for adjournment on payment of further costs of Rs. 125.00 as earlier costs of Rs. 100.00 had not been paid.