BALBIR SINGH MANCHANDA Vs. HARISH KUMAR AND ORS.

JUDGEMENT

(1.) The petitioner has impugned the order dated 16.12.2014 whereby the learned Trial Court dismissed the application under Order 18, Rule 17 CPC filed by the petitioner (defendant No. 3 in Civil Suit No. 683/06/04) for grant of one opportunity to cross examine PW-2 Sh. Amarjeet Singh.

(2.) Learned counsel for the petitioner has submitted that on the day when the opportunity to cross examine PW-2 Sh. Amarjeet Singh was closed by learned Trial Court, he was unable to reach the Court as he had to rush his father-in-law to the hospital. Learned counsel for the petitioner has further submitted that due to medical urgency, he was unable to reach the Court for purpose of cross examination of Pw-2 Sh. Amarjeet Singh and in the interest of justice, one opportunity may be granted to the petitioner for the above purpose.

(3.) The prayer made in the petition has been strongly opposed on behalf of the respondent highlighting the past conduct of the petitioner as recorded in the proceedings by learned Trial Court. Learned counsel for the respondent has submitted that in CM(M) No. 53/2015, Mr. Ravi Sharma, Advocate, who is representing the petitioner herein, did appear before this Court on 06.07.2015 and adjournment was sought on his behalf by Mr. Sourabh Luthra, Advocate on the ground that Mr. Ravi Sharma, Advocate had taken his mother to the hospital thus able to reach the Court on that day. But on the same day i.e. on 06.07.2015 Mr. Ravi Sharma, Advocate filed an application in Civil Suit No. 683/2006 under his signature stating that counsel for defendant No. 3 had a matter in the Hon'ble High Court in Court No. 28 and he reached the learned Trial Court at about 12.20 pm but the learned Trial Court was pleased to list the matter for orders for 23.07.2015.