- (1.) LEAVE granted. Heard both sides.
(2.) THE appellant is the defendant in CS (OS) No. 1279 of 1996 on the file of High Court of Delhi, filed by the respondent for recovery of Rs. 4,70,01,913/ -. As the defendant did not cross examine the plaintiff's witnesses in spite of several opportunities, the Trial judge ordered on 11. 9. 2006 that defendant had forfeited its right to cross examine the plaintiff's witnesses. The defendant filed IA No. 3594/2007 seeking an opportunity to cross examine the plaintiff's witnesses and seeking consolidation of the said suit with Civil Suit no. 2649 of 1991 filed by the defendant against the plaintiff. The said application was rejected by the Trial judge on 1. 8. 2007.
(3.) THEREAFTER the case was posted for defendant's evidence. The defendant did not tender its witness (DW1)for cross-examination and costs levied were also not paid. Therefore by order dated 7. 9. 2007, the trial Judge closed the defendant's evidence. Feeling aggrieved by the orders dated 1. 8. 2007 and 7. 9. 2007 the defendant filed FAO (OS) No. 15/2008. A division Bench of the High Court, by detailed order dated 11. 1. 2008 dismissed the said appeal. The said order dated 11. 1. 2008 is challenged in this appeal by special leave.;