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$-21-22 HIGH COURT OF DELHI
CM(M)106/2013
PUSHPA H.MOORJANI Petitioner
Through Ms.Vibha Mahajan Seth,Adv.
CM(M)106/2013
PUSHPA H.MOORJANI Petitioner
Through Ms.Vibha Mahajan Seth,Adv.
VERSUS
KEWAL Respondent
Through:None.
Through:None.
AND
CM(M)107/2013
PUSHPA H.MOORJANI Petitioner
Through Ms.Vibha Mahajan Seth,Adv.
PUSHPA H.MOORJANI Petitioner
Through Ms.Vibha Mahajan Seth,Adv.
VERSUS
KEWAL Respondent
Through:None.
Through:None.
CORAM:
HON'BLE MS.JUSTICE VEENA BIRBAL
14.03.2013 An eviction petition has been filed against the present petitioner,that is respondent/tenant before the learned CCJ-cum-ARC (West), Tis Hazari
Courts,Delhi. By the impugned order dated 30.10.2012the evidence ofthe petitioner/tenanthas been closed. Theimpugned orderreads as under:-
14.03.2013 An eviction petition has been filed against the present petitioner,that is respondent/tenant before the learned CCJ-cum-ARC (West), Tis Hazari
Courts,Delhi. By the impugned order dated 30.10.2012the evidence ofthe petitioner/tenanthas been closed. Theimpugned orderreads as under:-
CM(M)106/2013& 107/2013 Page 1 of3
2013:DHC:8270 (o "Counselfor both the parties.
An application for adjournment has been filed on behalf of respondent on the ground that the respondent is suffering from cancer disease. Copy supplied.
Arguments on application heard. Today last opportunity was granted to the respondent to lead RE but he failed to do so.
No ground for adjournment to lead RE, hence application is dismissed. RE closed.
Putup for final arguments on 06.12.2012." Notice ofthe aforesaid petition was issued to the respondent/landlord for 14.02.2013, however, none appeared on behalf of the respondent/landlord on 14.02.2013 despite the respondent being served.
Thereafter, the matter was adjourned for today. Even today no one has appeared forthe respondent/landlord.
Ld.counsel for petitioner has submitted thatthe petitioner/tenantcould notlead evidence as she is suffering from cancer and her major surgery was performed in the month ofOctober,2012 at Houston,Texas,United States ofAmerica and on the date ofhearing she was there. Necessary documents are annexed with this petition. It is stated that the petitioner is likely to return to India on 31.03.2013.
I have considered the submissions made. The impugned order has serious consequences on the petitioner/tenant inasmuch as petitioner/tenant will not be able to substantiate its defence. The non-appearance is due to medical reasons. In the interest ofjustice, one opportunity is given to the petitioner/tenantto lead her evidence.
2013:DHC:8270 (o "Counselfor both the parties.
An application for adjournment has been filed on behalf of respondent on the ground that the respondent is suffering from cancer disease. Copy supplied.
Arguments on application heard. Today last opportunity was granted to the respondent to lead RE but he failed to do so.
No ground for adjournment to lead RE, hence application is dismissed. RE closed.
Putup for final arguments on 06.12.2012." Notice ofthe aforesaid petition was issued to the respondent/landlord for 14.02.2013, however, none appeared on behalf of the respondent/landlord on 14.02.2013 despite the respondent being served.
Thereafter, the matter was adjourned for today. Even today no one has appeared forthe respondent/landlord.
Ld.counsel for petitioner has submitted thatthe petitioner/tenantcould notlead evidence as she is suffering from cancer and her major surgery was performed in the month ofOctober,2012 at Houston,Texas,United States ofAmerica and on the date ofhearing she was there. Necessary documents are annexed with this petition. It is stated that the petitioner is likely to return to India on 31.03.2013.
I have considered the submissions made. The impugned order has serious consequences on the petitioner/tenant inasmuch as petitioner/tenant will not be able to substantiate its defence. The non-appearance is due to medical reasons. In the interest ofjustice, one opportunity is given to the petitioner/tenantto lead her evidence.
CM(M)106/2013& 107/2013 Page2of3
€
The petitioner shall appear before the trial courton 15.04.2013 forthe purpose of her evidence on that date. If some witnesses have to be summoned as per the list ofwitnesses filed by her in the trial court,in that event the necessary steps shall be taken well in advance so that witnesses can also appear on the said date.
With these observationsthe impugned order is set aside.
The petitionis allowed.
The partiesto beartheir own costs.
VEENA BIRBAL,J MARCH 14,2013 srb
€
The petitioner shall appear before the trial courton 15.04.2013 forthe purpose of her evidence on that date. If some witnesses have to be summoned as per the list ofwitnesses filed by her in the trial court,in that event the necessary steps shall be taken well in advance so that witnesses can also appear on the said date.
With these observationsthe impugned order is set aside.
The petitionis allowed.
The partiesto beartheir own costs.
VEENA BIRBAL,J MARCH 14,2013 srb
CM(M)106/2013& 107/2013 Page3of3
JUDGMENT