V P PURI Vs. UOI

JUDGEMENT

(1.) This appeal is directed against the order dated 31st May, 2007 whereby the learned Single Judge has rejected the prayer made by the appellant-plaintiff that PW-1, the appellant-plaintiff, should not be allowed to be cross examined by the Delhi Financial Corporation. Evidence of the said witness was recorded in 2001-2002, when Delhi Financial Corporation was not a party to the suit.

(2.) It is the admitted position that the Delhi Financial Corporation was impleaded as a defendant in the suit by order dated 16.7.2004 passed by the Supreme Court. While passing the aforesaid order, the Supreme Court granted right to the Delhi Financial Corporation to file written statement. The aforesaid order of the Supreme Court makes it abundantly clear that Delhi Financial Corporation was entitled to file written statement and accordingly they should also be allowed to lead evidence and cross examine the witnesses who had been examined in the suit. The said right is inherent in the party who is impleaded as a defendant and allowed to file written statement.

(3.) The appellant by filing the present appeal seeks to deny the said right on the ground that Delhi Financial Corporation has vacated the said premises and therefore, there is no question of their being given an opportunity to lead evidence or to cross examine witnesses. It is submitted that no claim for mesne profit is made against Delhi Financial Corporation. The learned Single Judge also considered the aforesaid submissions and held that the right to file written statement as granted by the Supreme Court cannot be made a meaningless right by denying the Delhi Financial Corporation a right to cross examine PW-1 and lead rebuttal evidence.