Kulwant Singh v. Rajni Sangwan

Delhi High Court · 23 Mar 2015 · 2015:DHC:10809
Mukta Gupta
CM(M)103/2015
2015:DHC:10809
civil appeal_allowed

AI Summary

The Delhi High Court held that the eviction petitioner must depose in person and be cross-examined, setting aside the order permitting deposition through Special Power of Attorney and directing expeditious trial.

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23# and 35# $~ HIGH COURT OF DELHI
CM(M)103/2015
KULWANT SINGH
Through:
Petitioner Mr.S.P.Jha, Advocate.
VERSUS
RAJNI SANGWAN
CM(M)102/2015
KULWANT SINGH
Respondent
Through: Mr.Vinit Trehan,Advocate Petitioner
Through: Mr.S.P.Jha,Advocate.
VERSUS
RAJNI SANGWAN Respondent
Through: Mr.Vinit Trehan,Advocate, CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
23.03.2015 CM No.5282/2015(Exemption)in CM(M1 103/2015
Allowed,subjectto alljust exceptions.
CM No.5281/2015(Directions)in CM(M)103/2015
ORDER

1. By this application the Respondent states that she will depose herself before the learned Trial Court and not through the Special Power of Attorney.

2. The Petitioner was only aggrieved by the order whereby the application of the Respondent permitting deposition through the Special CM(M)Nos.103/2015 102/2015 Page 1 of[2] 2015:DHC:10809 V Power of Attorney was allowed. Since the Respondent is now willing to depose herselfand be subjected to cross-examination,the impugned order is set aside.

3. Learned counsel for the Respondent/Eviction Petitioner states that the evidence by way of affidavit of the Eviction Petitioner will be filed by tomorrow, that is, 24'^ March, 2015 when the matter is listed before the learned Trial Court. Learned counsel for the Respondent states that the evidence by way of affidavit of the Respondent will be furnished to the Petitioner by today evening itself.

4. Since the two eviction petitions were filed one in the year 2007 and 2009 respectively, the learned Trial Court is requested to expedite the trial and conclude the same preferably within a period of eight months from today.

5. Application is disposed of. CM(M)103/2015 and CM No.2095/2015(Stay) CM(M[1] 102/2015 and CM No.2093/2015(Stay) CM(M)Nos. 103/2015 and 102/2015 are taken up fortoday. In view of the directions in CM No.5281/2015 in CM (M) No.103/2015,the petitions and applications are disposed of. Date of13"^ May,2015 stands cancelled.

MUKTA GUPTA,J. MARCH 23,2015 Vn'