M/S NEW MALIK TRANSPORT AND ANOTHER v. ARUN SAINI (DECEASED) AND 3 OTHERS
SCCR/50/2025 · 2025-04-06
Neeraj Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36544 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36544 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50114 Court No. - 2 Case :- S.C.C. REVISION No. - 50 of 2025 Revisionist :- M/S New Malik Transport And Another Opposite Party :- Arun Saini (Deceased) And 3 Others Counsel for Revisionist :- Surendra Tiwari Hon'ble Neeraj Tiwari,J.
1. Sri Satish Kumar Tyagi, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record.
2. Heard learned counsel for revisionist and Sri Satish Kumar Tyagi, learned counsel for respondent nos. 2 to 4.
3. Present revision has been filed seeking following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and stay the further proceedings of SCC Suit No. 24 of 2021 (CNR No. UPGZ01-010579-2021) 'Arun Saini (deceased) and others vs. M/s New Malik Transport', pending in the court of Additional District & Sessions Judge, Court No. 13 Ghaziabad."
4. Learned counsel for revisionist submitted that vide order dated 07.03.2025, Judge Small Cause/Additional District Judge, Court No. 13, Ghaziabad has closed the opportunity of cross- examination of P.W. No. 1 (Plaintiff) which is bad and liable to be set aside. He further submitted that a direction may be issued to the Court concerned to provide opportunity of cross-examination of P.W. No. 1 (Plaintiff) while deciding the suit.
5. Sri Satish Kumar Tyagi submitted that he is having no objection in case Court directs the court for providing opportunity of cross- examination of P.W. No. 1 (Plaintiff) while deciding the suit, but further requested that a direction may be issued to decide the suit at the earliest.
6. With the consent of parties, present revision is disposed of with direction to Judge Small Causes/Additional District & Sessions Judge, Court No. 13 Ghaziabad to provide opportunity of cross- examination of P.W. No. 1 (Plaintiff) while deciding the suit. Further, SCC Court is directed to decide the suit, maximum within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournments
to either of the parties. In case adjournment is granted, Court shall record detailed reasons for granting adjournment and impose cost, if required. Order Date :- 7.4.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad