SUNIL KUMAR PAUL vs CHANDERBHAN KALRA

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 3rdApril, 2025 CM(M) 615/2025 & CM APPL. 19521/2025 SUNIL KUMAR PAUL .....Petitioner Through: Mr. Naveen Chauhan, Advocate. versus CHANDERBHAN KALRA .....Respondent Through: Mr. Mukesh Birla, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for possession and recovery of rent, mesne profits and injunction. 2. When the case was at the stage of defendant’s evidence, the defendant wanted to examine himself and his wife, in their defense. 3. The learned Trial Court had directed both of them to be present for the purposes of their cross examination. However, when the case was taken up by the learned Trial Court on 28.01.2025, DW-2 Mrs. Sarita Paul (wife of defendant) did not appear and her counsel apprised that she was, somehow, under the impression that her examination would be recorded only after the cross examination of DW-1 was complete. Keeping in mind the fact that the plaintiff is an octogenarian, and the specific directions which had earlier been given by the learned Trial Court, the opportunity for the defendant to examine DW-2 was closed. 4. An application was mov