J L GUGNANI Vs. G P ARORA

JUDGEMENT

(1.) THIS suit was referred to the Court by the Joint Registrar for passing appropriate orders in respect of cross examination of PW-1. PW-1 had appeared for his further cross examination on 12th March 2008 before the Joint Registrar. On that day, none appeared for the defendant at the initial call when the matter was taken up. However, later on defendant appeared with the counsel at 12. 15 pm but the Joint Registrar had already passed the order for sending file to this court for passing an order regarding closing of further cross examination. A perusal of previous order sheets would show that even earlier on 1st October 2007, cost was imposed on the defendant for failure to cross examine the plaintiff. Thereafter, when the matter was taken up by the Joint Registrar for cross examination of PW-1 on 20th December 2007, it was prayed on behalf of the defendant that he has to summon another case file containing certain documents for putting to the witness. On the request of the counsel for the defendant, the matter was adjourned to 12th March 2008 and liberty was given to the defendant to file necessary application. On 12th March 2008, it was noted that no application had been made for summoning file and defendant and his counsel did not appear in time. It is submitted by counsel for the defendant that the defendant was a patient of heart ailments. He was aged around 76 years and was taken abroad by his son for treatment. However, he left treatment in between and came back for this case on 30th March 2008. He could not appear before the Court on 12th March 2008 because of the fact that he was under treatment and not in India.

(2.) CONSIDERING the facts and circumstances of the case, I consider that one last opportunity be given to the defendant for cross examination of PW-1 subject to cost of Rs. 5000/ -. Parties are directed to appear before the Joint registrar for cross examination, who shall fix the dates for cross examination on 26th May 2008, on day-to-day basis. As soon as the cross examination of PW-1 is completed, within one week the affidavits of defendant shall be filed and the cross examination of defendant should be undertaken on the dates as may be fixed by the Joint Registrar on day-to-day basis.