SHRI TARKESHWAR YADAV vs SHRI BALDEV SINGH THROUGH HIS LRS

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.11.2025 + CM(M) 1337/2025 & CM APPL. 44059/2025 SHRI TARKESHWAR YADAV .....Petitioner Through: Mr. Feroze Ahmad, Advocate. versus SHRI BALDEV SINGH THROUGH HIS LRS .....Respondents Through: None. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/plaintiff has assailed orders dated 01.04.2025 and 27.05.2025 of the learned trial court. By way of order dated 01.04.2025, opportunity to cross-examine DW1 was closed and by way of order dated 27.05.2025, an application for recall of order dated 01.04.2025 was dismissed. Having heard learned counsel for petitioner/plaintiff, I find the case not fit to even issue notice. 2. Learned counsel for petitioner/plaintiff submits that there was no default on the part of the petitioner/plaintiff, so he deserves one more opportunity to cross-examine DW1. On being pointed out the previous record, learned counsel submits that the delay occurred also on account of the Covid pandemic. Learned counsel submits that he could not appear on 01.04.2025 due to some personal difficulty, so cross-examination of the witness ought not to have been closed. 3. This is a classic case of protraction of suit proceedings, that too, by the plaintiff himself. CM(M) 1337/2025 Page 1 of 3 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, Digitally Signed serialNumber=d3e86796451ec45c07b5d15570996b40f80c bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.11.12 17:50:43 -08'00' By:NEETU N NAIR Signing Date:12.11.2025 18:05:08 3.1 The suit is pending since the year 2016