Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 721 of 2019 Petitioner :- Smt.Kavita Respondent :- Parvind Kumar @ Praveen Kumar Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh Counsel for Respondent :- Vivek Singh
Hon'ble Vivek Kumar Birla,J.
Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Mahendra Kumar Yadav holding brief of Sri Vivek Singh, learned counsel for the respondent.
Present petition has been filed for setting aside the order dated 4.1.2019 passed by the Additional District Judge / Fast Track Court No. 11 / Family Judge, Saharanpur in Original Suit No. 952 of 2015 (Parvender vs. Smt. Kavita).
By the impugned order the application paper no. 44-Ga filed by the petitioner for cross-examination of the plaintiff and one more witness has been rejected.
Learned counsel appearing for the plaintiff-respondent stated that he has no objection in case one opportunity is granted to the defendant-petitioner to cross-examine the plaintiff and one witness.
In view of the concession so made, the impugned order dated 4.1.2019 is hereby set aside.
It is provided that the court below shall grant one opportunity to the defendant-petitioner to cross-examine the witness and the plaintiff by fixing a date within a period of one month itself.
It is made clear that no unnecessary adjournment shall be granted and in case any adjournment is granted reasons shall be recorded for adjourning the case and the same shall be granted on heavy cost.
In view of the concession so made present petition stands allowed.
Order Date :- 29.4.2019 Lalit Shukla