Rajkumar Lal Sanwaria vs Zainab Bibi and Others

R.K. Merathia, J.

I.A. No. 1733 of 2010

It is submitted that respondent No. 1-Zainab Bibi has died without any heir and accordingly her name may be expunged.

Heard Counsel for the petitioner and Counsel for the respondents.

Prayer is allowed. Name of respondent No. 1 is expunged.

I.A. No. 1733 of 2010 is disposed of.

W.P.(C) No. 5008 of 2009

This writ petition has been filed for quashing the order dated 18.8.2009, passed in Title Suit No. 65 of 1991, rejecting the prayer of the petitioner to issue Dasti Summons for cross examination of the plaintiff''s witness.

Mr. Pasari submitted that the delay was not caused only on the part of the petitioner. He further submitted that the delay was sufficiently explained and was not intentional and therefore the prayer should not have been rejected on the ground of delay and at best other side could be compensated by cost.

On the other hand, Mr. Ansari supported the impugned order and submitted that about 9 months'' time was given to the petitioner.

In the circumstances, in the interest of justice and in order to avoid multiplicity of proceeding, I am inclined to give one chance to the petitioner. Accordingly, the impugned order is set aside. Dasti Summons for cross-examination of P.W. 1 may be issued, for which petitioner will deposit the cost within one week from the date of the order by the trial court. The parties are directed to cooperate in early disposal of the suit, which is pending since 1991. The trial court will try to expedite and dispose of the suit. However, this order is subject to payment of cost of Rs. 2,000/- ( Two thousand only) by the petitioner to other side in the court below within two weeks.

With these observations and directions, this writ petition is disposed of.