SALSONS IMPEXPVT.LTD. Vs. SURUCHI BHARDWAJ

JUDGEMENT

(1.) EXEMPTION allowed subject to just exceptions.

(2.) THIS petition under Article 227 of the Constitution of India is filed by the petitioner/defendant/tenant impugning the orders of the trial court dated 13.8.2014 and 2.9.2014 by which the right of the petitioner/defendant to cross -examine the PW -1 was closed and the order dated 13.8.2014 closing right of the petitioner/defendant to cross -examine the PW -1 was not recalled. The present case is a symptomatic of those litigants who unnecessarily drag on cases of landlords, such as the respondent in the present case, with respect to the claim for damages/mesne profits pertaining to the tenanted premises.

(3.) I may state that PW -1 has been substantially cross -examined and was only to be further cross -examined and thus surely the issue of damages would be looked into as per the entire evidence which is led in this case including that of the petitioner/defendant, and non cross -examination will be only one of the aspects which will be seen in the case alongwith other aspects. Impugned order shows the gross malafides of the petitioner/defendant in not utilizing opportunities for cross -examination, as also the fact that different Advocates appeared at different points of time and applications for recalling of the order dated 13.8.2014 was filed by an Advocate whose Vakalatnama also did not appear on record. The relevant observations in the impugned order read as under: -