MOHD. SALEEM AND OTHERS Vs. SMT. SAHEEN ASLAM
HIGH COURT OF UTTARAKHAND
Mohd. Saleem And Others
Smt. Saheen Aslam
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B.S. Verma, J. -
(1.) HEARD on CLMA No. 13005 of 2012. This application has been filed to convert the writ petition into revision. The application is allowed and the writ petition is converted into revision under section 25 of Small Causes Court Act. Office is directed to allot the revision number to the file. Also heard learned Counsel for the parties in the civil revision. This revision is directed against the judgment and order dated 23.11.2012 passed by Judge SCC/Addl. District Judge Nainital in SCC Suit No. 9 of 2006.
(2.) BRIEF facts of the case giving rise to the instant revision are that the respondent filed a SCC Suit No. 9 of 2006 against the petitioner for recovery of arrears of rent and eviction. The petitioners moved an amendment application before the Trial Court which was rejected by the Judge SCC vide order dated 19.11.2012. Thereafter on 30.11.2012 an application was moved for adjournment on the ground that the Advocate Sri Javed Samsi is not feeling well and he is admitted in Hospital, therefore some other date be fixed for the cross -examination of the witnesses. The said application was rejected on the ground that since the suit is pending from the year 2006 and so many dates have been fixed to cross -examine the witnesses P.W. 2 and P.W. 3, whereas the affidavit of these witnesses have been filed on 7.8.2012 and since the case was being fixed to cross -examine the witnesses and instead of cross -examining the witnesses amendment application was moved which was also dismissed. Learned Counsel for the respondent has submitted that the petitioners are adopting delaying tactics on each and every date on one pretext or the other, therefore, the adjournment application has rightly been rejected. The affidavit of the witnesses are already on record and in my opinion to do complete justice one more opportunity should be afforded to the petitioners to cross - examine the witnesses.
(3.) THE revision is allowed. The impugned order is set aside. One more opportunity is given to the petitioners to cross -examine the witnesses of the plaintiff/respondent, subject to payment of Rs. 2,500/ - as cost payable to the respondent's Counsel and it is directed that the learned Counsel for the petitioners shall appear before the Trial Court i.e., Judge SCC on 17.12.2012 to cross -examination of the witnesses of respondent. The petitioners shall not take further adjournment on their behest.;
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