RAKESH KUMAR SOIN vs SH. NITIN SOIN & ORS.

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th April, 2025 + CM(M) 684/2025 & CM APPL. 21908-21909/2025 RAKESH KUMAR SOIN .....Petitioner Through: Mr. Raghav Sethi, Advocate versus SH. NITIN SOIN & ORS. .....Respondent Through: Mr. Indu Shekhar, Advocate for R-1 to R-3 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 21908/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 684/2025 & CM APPL. 21909/2025 1. Petitioner has filed a suit seeking declaration, partition, dissolution of partnership business and injunction. 2. He is aggrieved by order whereby his right to lead further evidence was closed and also by the order whereby his right to cross-examine witnesses of defendant has also been closed. 3. When the suit in question was taken up by learned Trial Court on 31.07.2024, noticing that nobody had appeared on behalf of the plaintiff and that no steps had been taken to lead further evidence, plaintiff’s evidence was closed. Thereafter, when the matter was taken up by the learned Trial Court on 24.12.2024, opportunity to cross-examine the defendant’s witnesses was closed, noticing non-appearance from the side of plaintiff. Signature Not Verified Digitally Signed CM(M) 684/2025 1 By:SONIA THAPLIYAL Signing Date:17.04.2025 15:30:06 4. Learned counsel for petitioner submits that there was communication gap between the plaintiff and his counsel which has resulted in the unwarranted situation and consequent delay in the matter. 5. It is asserted that petitioner/plaintiff is having serious heart ailment and has been visiting the hospital, time and again. It is though admitted that there was no hospitalization after 26.10.2023 but fact remains that counsel for the plaintiff stopped appearing before the learne