BSES RAJDHANI POWER LTD vs DWARKA PARSHAD & ANR.

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th July, 2025 + CM(M) 1177/2025& CM APPL. 39715-39716/2025 BSES RAJDHANI POWER LTD .....Petitioner Through: Mr. Harshal Arora, Advocate. versus DWARKA PARSHAD & ANR. .....Respondent Through: Mr. Gaurav Gaura with Mr. Vivek Gaur, Advocates for R-1. Ms. Khushi Sachdeva, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent No. 1-Mr. Dwarka Prashad has filed a suit for recovery of Rs. 1,97,40,000/- on account of the damages, he suffered from the accidental fire. 2. The fire in question took place on 14.04.2022. 3. According to plaintiff, the source and sole cause of fire was the pole, which led to distribution of electricity to his house. The fire was due to negligence on the part of the electricity provider i.e. BSES, as they had not removed the extraneous material such as cable TV fitting, hoardings etc. from such pole. 4. The plaintiff had also submitted several documents along with the plaint and, in the list of witnesses, he cited one valuer/contractor whom he wanted to examine in order to support his case. 5. Of course, the name of such valuer/contractor was not mentioned. 6. The case is already at the stage of plaintiff’s evidence, and it was at that Signature Not Verified Digitally Signed CM(M) 1177/2025 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 14:30:14 stage of the case, that the plaintiff moved an application under Order VII Rule 14 (2) and Rule 14 (3) CPC. 7. He wanted to examine Mr. Shamshad Ali, who was working as consultant for M/s Wood Green Constructions. It is submitted that, said witness had prepared the quotations as per his expertise and said quotations remained with him under his care and custody during the preceding period. Now, since the ab