MOHANLAL SAINI S/O SH. BALA SAINI v. PURUSHOTTAM DAS GUPTA S/O SURAJBHAN GUPTA
CW/18222/2025 · 2025-11-26
Bipin Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49886 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49886 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48004] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18222/2025 Mohanlal Saini S/o Sh. Bala Saini, Aged About 58 Years, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj). ----Petitioner Versus
1. Purushottam Das Gupta S/o Surajbhan Gupta, Aged About 71 Years, R/o Village Radwa, Tehsil Mundawar, District Alwar (Raj.).
2. Shyam Sundar Bansal S/o Sh. Purushottam Das Gupta, Aged About 34 Years, R/o Village Radwa, Tehsil Mundawar, District Alwar (Raj.).
3. Dalu S/o Sh. Bala, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj). -Deceased 3/1. Choti Devi, W/o Late Sh. Dal Chand, Aged About 64 Years, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj). 3/2. Naval Saini, S/o Late Sh. Dal Chand, Aged About 37 Years, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj). 3/3. Vikram Saini, S/o Late Sh. Dal Chand, Aged About 24 Years, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj). 3/4. Seema Saini D/o Late Sh. Dal Chand, W/o Preetam Singh, Aged About 34 Years, R/o Tijara Phatak, Alwar
4. Jainarayan @ Jhamman S/o Late Sh. Sampatram, Grandson Of Panchuram, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj).
5. Tarachand Saini S/o Sh. Ramjilal Saini, R/o Lodi Ka Bas, In Front Of Sunil Nursing Home, City And District Alwar (Raj). ----Respondents For Petitioner(s) : Mr. Sudhir Yadav Mr. Mangal Singh Saini For Respondent(s) :
HON'BLE MR. JUSTICE BIPIN GUPTA
Order 26/11/2025
1. The present writ petition has been filed assailing the order dated 12.08.2025, whereby the application of the plaintiff-petitioner for permitting the cross-examination of one of
[2025:RJ-JP:48004] (2 of 2) [CW-18222/2025] the defendant witness namely Shyam Sundar Bansal has been rejected.
2.
Learned counsel for the petitioner submits that defendant can be compensated by the appropriate cost as his right to cross- examination was closed on 18.03.2025 and thereafter immediately on 01.04.2025, the petitioner submitted an application and the said application was decided after four months i.e. on 12.08.2025.
3. Looking to the facts and circumstances of the case without issuing notice as no prejudice would be caused to the respondent. This Court deems it appropriate that, if the petitioner pays the cost of Rs. 5,000/- which may be paid to the Shyam Sundar Bansal, before the next date of hearing, then the permission may be granted to petitioner to cross-examine the defendant witness namely Shyam Sundar Bansal, as one final opportunity, on the date when the said defendant witness appears.
4. With the above observations, the present Civil Writ Petition stands disposed of.
5. However, it is made clear that if the respondents have any grievances in regard to this order, he is at liberty to approach this Hon’ble Court by way of filing a recalling application.
6. All pending application(s), if any, also stand disposed of.
(BIPIN GUPTA),J MAHIMA/30