VINAY AGGARWAL vs HAR BAI (DESEASED) THROUGH LRS

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th May, 2025 + CM(M) 478/2025 & CM APPL. 14728/2025 VINAY AGGARWAL .....Petitioner Through: Mr. Nikhil Verma, Mr. Kapil Sharma and Ms. Mahak Agarwal, Advocates. Versus HAR BAI (DESEASED) THROUGH LRS .....Respondent Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a suit for possession and rendition of accounts and is aggrieved by order dated 03.03.2025 whereby his right to further cross-examine the witnesses of the plaintiff has been declined and by virtue of same order, his right to lead his evidence in affirmative has also been closed. 2. When the matter was taken up on 11.03.2025 by this Court, the learned counsel for petitioner submitted that he was confining his relief only to his right to lead evidence. 3. It is submitted that no witness has been examined from the side of the defendant and, as per the instructions, the petitioner herein i.e. Mr. Vinay Aggarwal, who is now one of the LR of the deceased defendant, would be entering into witness box. 4. The next date before the learned Trial Court is 28.05.2025. 5. The learned counsel for respondent/plaintiff submits that there is no Signature Not Verified Digitally Signed CM(M) 478/2025 1 By:SONIA THAPLIYAL Signing Date:10.05.2025 16:52:57 merit or substance in the petition in question. However, in order to avoid any further unnecessary delay in their own suit, he states that he would have no objection if the abovesaid limited request is acceded to, albeit, with some cost. 6. The suit in question is indeed a very old one. 7. It was filed in the year 1994. 8. Keeping in mind the overall facts of the case and the gracious concession given by the learned counsel for the plain