ASHOK KUMAR vs KRISHAN KUMAR & ORS.

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 6th March, 2025 + FAO 53/2025 & CM APPL. 13681/2025 ASHOK KUMAR .....Appellant Through: Mr. Gurdeep Singh, Adv. versus KRISHAN KUMAR & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) CM APPL. 13682/2025 – EXMP. 1. Allowed, subject to all just exceptions. 2. Application is disposed of. FAO 53/2025 & CM APPL. 13681/2025 3. The appellant, arraigned as defendant No.1 in a suit for partition filed by the respondent No.1/plaintiff, has preferred the present appeal under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 [“CPC”], assailing the impugned order dated 01.02.2025 passed by the learned District Judge-07, Central District, Tis Hazari Courts, Delhi [“trial Court”]. By the said order, the learned trial Court dismissed the applications of the appellant, one for placing on record documents regarding the current market value of the suit property and another under Order XVIII Rule 17 of the CPC for the re-calling of respondent No.1/plaintiff to afford the appellant an opportunity to cross-examine him. Signature Not Verified FAO 53/2025 Digitally Signed By:PRAMOD Page 1 of 4 KUMAR VATS Signing Date:10.03.2025 20:27:00 4. No one appeared for the respondent No.1/plaintiff when the matter was called. 5. Having heard the learned counsel for the appellant/defendant No.1 and on perusal of the record, this Court finds no hesitation in holding that the present appeal is bereft of any merits. In the suit for partition, the opportunity to cross-examine respondent No.1/plaintiff, who was examined as PW-1, was closed vide order dated 13.02.2017. The sole contention of the appellant/defendant No.1 is that he was unable to pursue the matter due to the dem