CHETAN PURI Vs. SUNITA REKHI

JUDGEMENT

(1.) Present appeal filed under Sec. 10 of the Delhi High Court Act,1966 ('Act of 1966") challenges the impugned order dtd. 22/4/2024, passed by the learned Single Judge of this Court in CS (OS) 1789/2006, whereby two separate interlocutory applications [I.A Nos. 18377/2023 and 19159/2023] filed by Respondent Nos. 1 and 2 herein, to recall Appellant No.1, i.e., DW-2 for further cross-examination has been allowed.

(2.) The underlying suit has been filed by Respondent Nos. 1 and 2, seeking partition of the immovable properties on the assertion that the same form part of an HUF.

(3.) It is a matter of record that during the cross-examination of Appellant No. 1 i.e., DW-2 the counsel for Respondent No. 2 had made enquiries with respect to the bank account statement of Appellant No. 2. DW-2 during the cross-examination stated that the bank statements are in his possession and he can produce the same before the Court. Accordingly, DW-2 was directed to produce the bank statements for the period starting from 1/1/2011 till date. Admittedly, DW-2 filed the bank statements on 6/6/2023, albeit, after the completion of his cross-examination.