URMILA GUPTA vs PUNAM HARIT & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14th February 2025 + CM(M) 244/2024 URMILA GUPTA .....Petitioner Through: Mr. Rajat Vadehra, Adv. versus PUNAM HARIT & ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA J U D G M E N T ( ORAL) RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India for setting aside the order dated 06.10.2023, passed by the learned District judge, Rohini Courts in CS No. 954/2017, titled “Punam Harit Vs. Devender Yadav & Ors.”, whereby, the trial court dismissed the application under Order 18 Rule 17 read with Section 151 CPC for recall of PW-1 for the purpose of further cross-examination. 2. Bearing in mind the limited nature of controversy in the present case, it is not necessary to advert to the detailed averments in the suit. Suffice to say that respondent No. 1 filed a Suit for Declaration to the effect that the documents of title in respect of immovable property, executed by respondent No. 1 in favour of the petitioner, be declared as illegal, invalid, non-est and void abinitio. Respondent No.1 also sought possession and recovery of rent and mesne profits against Signature Not Verified Digitally Signed CM(M) 244/2024 Page 1 of 10 By:SUNITA KUMARI Signing Date:25.02.2025 10:36:20 respondents No. 2 & 3. 3. On 09.02.2023, during the cross examination of PW-1, the learned counsel of petitioner confronted the witness with a document and sought confirmation of his signatures on the said document but the same was objected to by the learned counsel of respondents on the ground that such question cannot be put without describing the nature of the document. Both sides submitted that they would produce the case law, and therefore, the cross-examination was deferred. 4. On