Urmil Wadhawan v. Sonny Sarna

O R D E R %

14.11.2017 CMs No.41187/2017 & 41188/2017 (both for exemption)

¶1Allowed, subject to just exceptions.

¶2The applications are disposed of. CM(M) 1289/2017 & CM No.41186/2017 (for stay)

¶3This petition under Article 227 of the Constitution of India impugns the order [dated 7th November, 2017 in CS No.14594/2016 of the Court of Additional District Judge-13 (Central), Tis Hazari Courts, Delhi] of dismissal of the application of the petitioner/plaintiff for further cross-examination of respondent/defendant to confront the respondent/defendant with certain documents.

¶4The application aforesaid was filed when the suit was ripe for final arguments and after dismissing the application, the suit has been posted to today for final arguments. CM(M) 1289/2017

¶5The counsel for the petitioner, on enquiry, states that the suit from which this petition arises was instituted in the year 2006.

¶6The suit is already more than 10 years old and it is not deemed appropriate to consider the challenge at this stage and consideration of which challenge would essentially derail the final hearing in the suit.

¶7The petition is thus disposed of with liberty to the petitioner to, in the appeal, if any preferred against the final judgment in the suit, also challenge the order dated 7th November, 2017 supra, including on the same grounds as urged in this petition.

No costs.

RAJIV SAHAI ENDLAW, J. NOVEMBER 14, 2017 bs ..

CM(M) 1289/2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1289/2017 URMIL WADHAWAN ..... Petitioner Through: Mr. Abhimanyu Bhandari, Mr. Priyank Madan and Mr. Paras Anand, Advs. Versus SONNY SARNA ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW