LAXMAN PUBLIC SCHOOL SOCIETY Vs. NAVSHAKTI EDUCATIONAL SOCIETY

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India against the order dated 25th October, 2021 passed by the Senior Civil Judge (West), Tis Hazari Courts, Delhi in CS SCJ No.607119/2016, whereby the Trial Court while appointing a Local Commissioner to record the evidence of PW-9, has held that objections raised by the petitioners/defendants with regard to mode of proof and admissibility of document marked as Ex.PW-9/1(Colly) in the affidavit by way of evidence, will be considered at the time of final arguments.

(2.) Before I proceed to deal with the contentions raised by the counsels on merits, I would like to highlight the part of the impugned order wherein it is recorded that the present suit was filed in the year 1984 and is the oldest matter in the Court. It is a sad state of affairs that a suit filed in 1984 still remains pending.

(3.) Earlier, I had occasion to deal with an application (CM No.9194/2021) in a petition under Article 227 of the Constitution of India arising out of the same suit, which was disposed of vide order dated 1st October, 2021. The said petition, under Article 227 of the Constitution of India, being CM(M) 150/2020, was preferred by the respondents before this Court challenging the order dated 22nd January, 2020 passed in the suit, dismissing the application filed on behalf of the respondents herein under Order VII Rule 14 of the Code of Civil Procedure, 1908 (CPC) seeking to place on record additional documents. This Court vide judgment dated 6th February, 2020 while disposing of CM(M) 150/2020 filed on behalf of the respondents herein, passed the following directions: