SHER SINGH vs THE CHAIRMAN, NDMC

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.05.2025 + FAO(OS) 64/2025 SHER SINGH .....Appellant Through: Mr.Malaya Kumar Chand, Adv. versus THE CHAIRMAN, NDMC .....Respondent Through: Mr.Harsh Peechava, SC, Mrs.Ankita Savangi, ASC, Mr.Akshat, Mr.Akshilesh Loya, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL. 32200/2025 (Exemption) 1. Allowed, subject to all just exceptions. FAO(OS) 64/2025 & CM APPL. 32201/2025, 32202/2025 2. This appeal has been filed by the appellant, challenging the Order dated 04.09.2024 passed by the learned Single Judge of this Court in CS(OS) 301/2023, titled Sher Singh v. The Chairman NDMC, directing the appellant herein, who is the plaintiff in the suit, to file the list of witnesses within a period of four weeks, and further clarifying that even though the written statement of the respondent is not on record, the respondent shall be entitled to cross-examine the appellant’s witness on legal issue, in accordance with law. 3. The appellant is aggrieved by the aforesaid order and contends Signature Not Verified Digitally Signed FAO(OS) 64/2025 Page 1 of 5 By:RENUKA NEGI Signing Date:26.05.2025 19:57:44 that once the opportunity to file the written statement was closed for the respondent, a decree in terms of Order VIII Rule 10 of the Code of Civil Procedure, 1908, should be passed in favour of the appellant. 4. We are unable to agree with the learned counsel for the appellant. 5. The abovementioned suit has been filed by the appellant praying for damages allegedly suffered by him on account of the termination of his service and subsequent reinstatement. Such damages are required to be proved in law and cannot be granted merely on the basis of the averments i