AGARWAL POLYSACKS LIMITED Vs. ADITYA SINGHVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioners under Article 226 and 227 of the Constitution of India challenging the order dtd. 4/2/2023 (Annex.3) passed by the Additional Civil Judge No. 5, Jodhpur Metropolitan in Civil No. 391/2019, whereby the right to cross-examine the applicant has been closed and; the order dtd. 5/1/2024 (Annex.5) passed by the Additional District Judge No.5, Jodhpur Metropolitan, whereby the application under Order XXXIX Rule 2 of the Code of Civil Procedure, 1908 ('CPC') for recalling the order dtd. 4/2/2023, has been rejected.

(2.) The writ petition has been preferred with the following prayers:

(3.) Briefly stated, the facts of the case are that he respondents filed a suit for specific performance of the contract and in the said suit, an application was filed which was allowed on 16/10/2019, the appeal thereof is pending consideration before this Court. In the meanwhile, the respondents sold the property in question to proforma respondents and thus, a contempt petition was preferred by the respondents no. 1 to 4/applicants (Annex.1) to which a reply (Annex.2) was filed by the petitioners and the proforma respondents. Thereafter, the contempt application was kept for evidence and in pursuance of the same, the issues were framed on 22/9/2021, and it was on 19/10/2022 that the evidence of the applicant was available and on that day the counsel for the petitioners sought time to cross-examine and the same was granted at the cost of Rs.2000.00.