URMIL Vs. RAJIV KUMAR GUPTA

JUDGEMENT

(1.) The present petition has been directed against orders dated 15.10.2015 (Annexure P-1) and dated 05.11.2015 (Annexure P-4) passed by the Civil Judge (Junior Division), Gurgaon, whereby cross-examination of Rajiv PW-6 has been treated 'NIL' and application filed for recalling the witness, Rajiv for cross-examination has been dismissed.

(2.) Counsel for the petitioner/defendant fairly concedes that there was remiss on the part of counsel earlier representing the petitioner to cross-examine Rajiv PW-6 despite number of opportunities granted for the purpose, detailed in Para 5 of the order dated 05.11.2015. It is further submitted that the petitioner was kept in dark by her earlier counsel in regard to his failure to cross-examine Rajiv PW-6. A serious prejudice would be caused to the petitioner in case she is not allowed to cross-examine Rajiv PW-6, the plaintiff in the case as in absence of cross-examination of the plaintiff the facts deposed by him reiterating his stand in the plaint would be accepted as correct and read against the petitioner. According to counsel, the respondent can well be compensated for delay likely to be occur on account of failure of counsel for the petitioner to cross-examine Rajiv PW-6 at an appropriate stage of proceedings. The last submission made by counsel is that the petitioner has changed her counsel and in case one effective opportunity is allowed, cross-examination of Rajiv PW-6 would be concluded on the date to be fixed by the trial Court for the said purpose.

(3.) I have heard counsel for the petitioner and perused the records particularly the orders impugned.