Writ Petition (M/S) No. 1345 of 2011. Case: Razia Parvez W/o Late Gulshan Parvez and others Vs Sikander Parvez and another. Uttarakhand High Court
| Case Number | Writ Petition (M/S) No. 1345 of 2011 |
| Counsel | V. K. Kohli, I. P. Kohli |
| Judges | B. S. Verma, J. |
| Issue | Code of Civil Procedure, 1908 - Order 18 Rule 16 |
| Judgement Date | July 05, 2011 |
| Court | Uttarakhand High Court |
Judgment:
B. S. Verma, J.
(Interim Relief Application No. 6685 of 2011)
Heard learned counsel for the petitioners and perused the record.
By means of this writ petition, the petitioners have sought a writ in the nature of mandamus commanding the court below to record the cross-examination of petitioner no.1 on day-to-day basis and get the same concluded on or before 23rd July, 2011.
Briefly stated the facts giving rise to the present writ petition are that the petitioners filed a suit for partition and separate possession of their share in the trial court, which has been registered as Suit No. 357 of 2006, Mrs. Razia Parvez and others Vs. Sikander Parvez and another. In that suit, the issues were framed on 26-3-2009. It appears that vide order dated 14-5-2009 the suit was fixed for evidence of the plaintiffs fixing 28-5-2009. On that date, affidavit in examination-in-chief of petitioner no.1 was filed and the suit was ordered to be up for cross-examination on 8-7-2009. It appears that the petitioner no. 1 came from Sweden for her cross-examination on 8-7-2009, but the case was deferred to 10-7-2009 for her cross-examination. On that date, the case was adjourned to 13-7-2009. The defendant no.1 instead of cross- examining the petitioner no.1 moved an application to decide Preliminary Issue No.6 regarding valuation and court fee first. The case was fixed for 14-7-2009. However, the application of the defendant no.1 for valuation of the property by Amin was dismissed on 20-7-2009.
It appears that the cross-examination of plaintiff- petitioner no.1 as P.W. 1 was partly recorded and for remaining evidence 22-7-2009 was fixed, but on that date, the cross- examination was partly done and case was fixed for 23-7-2009. On 23-7-2009, an application was moved under Order 18, Rule 16 CPC to take evidence of P.W.1. Case was ordered to be put up on 24-7-2009 for objection and disposal of application 149-C. The application was rejected as the plaintiff-petitioner no. 1 was to...
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