Court No. - 52
Case :- S.C.C. REVISION No. - 136 of 2019 Revisionist :- Dr. Rajat Mohan Opposite Party :- Smt. Sarah Ayub And Another Counsel for Revisionist :- Sushil Kumar Rao,Om Prakash Singh (Senior Adv.) Counsel for Opposite Party :- Manish Tandon
Hon'ble Neeraj Tiwari,J.
Heard Sri O.P., Senior Advocate assisted by Sri Sushil Kumar Rao, learned counsel for the revisionist and Sri Manish Tandon, learned counsel for the respondents.
By way of present revision, petitioner is challenging the impugned order dated 12.9.2019 passed by Additional District Judge, Court No.17, Kanpur Nagar in SCC Case No. 08 of 2017 (Smt. Sarah Ayub Vs. Rohit Mohan Singh & others) by which Court has directed to record evidence of respondent at her residence by appointing the Commission.
After some argument, Sri Manish Tandon, learned counsel for the respondents submitted that respondent would appear before the Court below for evidence/examination, but considering his illness, Court below may be directed to conduct the examination on the date fixed without granting any adjournment, if possible, on the same date.
Mr. O.P. Singh, Senior Advocate fairly submitted that petitioner-defendant would not seek any adjournment and fully cooperate in the proceeding.
Considering the facts and circumstances as well as health of respondent, the revision is disposed of with direction to the Court below to fix a date for evidence/examination of respondent with the consent of both the parties. On that date, the case would be taken up as first case and Court below will make all endeavour to complete the evidence/examination on the very same date. In case, if same would not have been completed on the same date, Court below shall again fix another date with the consent both the parties and on that date too, case would be treated as first case and remaining evidence/examination would be completed in all eventualities.
Order Date :- 20.12.2019 Junaid