IN TH 134 Kailashwa Deepak Ag CORAM: Present:- NIDHI GU order date Judicial M No.76 of 2 Kailashwat of respond petitioners Rent Contr court is of said witnes Accordingl CR-7151-2024 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Revision N Date of decision ashwati (since deceased) through LR Versus ak Aggarwal and others AM:- HON'BLE MS. JUSTICE NI Mr. Shikhar Sarin, Advocate for the petitioners. Mr. Sukesh Kumar Jindal, Adv HI GUPTA J. (Oral) Prayer in this petition is for se r dated 21.11.2024 (Annexure P-7 ial Magistrate 1st Class (Rent Contr 6 of 2015 titled as “Deepak Aggarw ashwati and others”, whereby the app spondent No.1 for further cross-exa ioners has been dismissed. On 21.11.2024 while passing t Controller, Gurugram has conclude is of the considered view that no gr itness or recalling of the order date ingly, the application at hand dismis 1 UNJAB AND HARYANA IGARH ion No.7151 of 2024 cision :-05.02.2025 gh LRs …..Petitioners …..Respondents E NIDHI GUPTA ocate al, Advocate for the respondents. s for setting aside the impugned 7) passed by the learned Controller), Gurugram in RA ggarwal and another vs. Smt. he application seeking recalling examination by the present ssing the detailed order, learned ncluded the same that “….this o ground for recalling of the dated 24.4.2017 is made out. ismissed.” VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document submits th Section 13 Act, 1973 House No. Haryana. seeking eje their writte the case w examinatio cross-exam on 13.10.20 examined a matter was cross-exam upon the sa were defe Rs.2000/- application petition. H following o CR-7151-2024 Learned counsel for the respon its that the plaintiffs had filed an E on 13 of the Haryana Urban (Contro 1973 seeking ejectment of the pres e No.424/3 (old) and 788/6 (new), ana. It is the third attempt at the ing ejectment of the present petitione written statement before the learned C case was fixed for evidence of the ination-in-chief of respondent No.1 w examination upon the said witness w 3.10.2016 and 08.12.2016 the said wi ined and on joint request of learned c er was adjourned. On 10.1.2017 the examined. Thereafter, on 16.3.2017 the said witness again could not be d deferred to 24.4.2017, however, - as costs. On 18.4.2017 the cation under Order 7 Rule 11 of CPC ion. However, the learned trial Court wing order :- “Today the cas examination of PW1 ever the same has not b for the respondent sub date of hearing, an ap CPC has been filed on 2 respondents (petitioners herein) d an Ejectment Petition under (Control of Rent and Eviction) e present petitioners from the (new), Roshanpura, Gurugram, at the behest of the landlords titioners. The petitioners filed rned Court below and thereafter f the parties. On 27.9.2016, No.1 was completed, however, tness was deferred. Thereafter aid witness could not be cross- rned counsel for the parties, the 7 the said witness was partly .2017 further cross-examination ot be done and the proceedings ever, subject to payment of 17 the petitioners moved an f CPC seeking rejection of the Court on 24.4.2017 passed the case was fixed for cross- 1 Deepak Aggarwal, how- not been carried. Ld. Counsel submitted that after the last n application U/o 7 Rule 11 on record on 18.4.2017 and VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document CR-7151-2024 before this there is n further cross-examinati as taken in the applicati The same requ opposed by Ld. Counse submitted that issues and thereafter witness appeared several tim application U/o VII R delaying tact-tic. Acco opportunity to cross closed. Perusal of the file Aggarwal first appear 27.9.2016, followed by 10.1.2017, 16.3.2017 an last opportunity for t above named wit-nes 2000/- in compliance o been paid to the witness an application U/o V ground to further gran examination. Undoubte proceeded ahead witho application U/o VII Rul present suit applicatio belated stage, while the examination of above n last opportunity. Resul ground to further ad opportunity to cross exa be posted for 15.5.2017 consideration on the ap CPC.” 3 is no such requirement of ination as firstly legal pleas lication have to be decided. request has been strongly unsel for the petitioner and he es were framed on 12.5.2016 ness Deepak Ag-garwal has times and this filing of II Rule 11 CPC is merely a Accordingly, he prayed that oss examine the witness be e file reflects that PW Deepak peared before the Court on d by 13.10.2016, 8.12.2016, 17 and even today, which was or the cross-examination of ness. Though, cost of Rs. ce of order dt. 16.3.2017 has tness, however merely moving /o VII Rule 11 CPC is no grant adjournment for cross- ubtedly, the suit cannot be ithout deciding legal pleas or Rule 11 CPC, however in the ication has been moved at e the suit was fixed for cross- ove named witness subject to esultantly, there is no good adjourned the matter and s examine stands closed. Case 017 for filing reply as well as e application U/o VII Rule 11 VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document 15.5.2017 s further cro 21.11.2024 Court. suffer irrep (Annexure submits th petitioners witness, n caused to that he ha regarding c Aggarwal reasonable canvassed allowed an aside. The opportunity cross-exam subject to p weeks from CR-7151-2024 Thereafter, the petitioners m .2017 seeking recalling of the witness M er cross-examination. Thereafter th 1.2024 (Annexure P-7) has been pa Learned counsel submits tha r irreparable loss if the impugned exure P-7) is not set aside. At the ver its that one effective opportunity ioners herein to complete the cros ess, namely, Deepak Aggarwal, as ed to them if they are not permitted to Learned counsel appearing fo he has no objection in case the p rding completion of cross-examination arwal is accepted, however, subjec nable costs. Heard. Accordingly, keeping in v assed by learned Counsel for the and impugned order dated 21.11.2 . The learned Court below is direc rtunity to enable the petitioners here examination upon the witness De ct to payment of Rs.50,000/- as costs s from today in the “Poor Patients’ 4 ers moved an application on itness Mr. Deepak Aggarwal for fter the impugned order dated een passed by the learned trial its that the petitioners would ugned order dated 21.11.2024 the very outset, learned counsel unity may be granted to the e cross-examination upon the , as grave injustice will be ted to do so. ing for the respondents submits the prayer of the petitioners nation upon the witness Deepak subject to payment of some in view the above facts as the petitioners, this petition is 21.11.2024 (Annexure P-7) is set directed to grant one effective herein to conclude remaining ss Deepak Aggarwal, however costs to be deposited within two tients’ Welfare Fund of the Post VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document Graduate I Chandigarh February 0 Vijay Asija Whether spea Whether Repo CR-7151-2024 uate Institute of Medical Education digarh”. Disposed of as above. Pending application(s), if any, uary 05, 2025 r speaking/reasoned Yes / No r Reportable Yes / No 5 cation and Research (PGIMER), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.11 10.57 I attest to the accuracy and integrity of this document