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IN THE COURT OF SH. SATISH KUMAR ARORA, CIVIL JUDGE, DELHI

SUIT NO : 122/06/92

Sh. Amit Jain

..........Plaintiff
Versus

Smt. Shakuntala Devi

Now Sh. Surender Sareen &
Sh. Harish Bajaj
..........Defendants
ORDER

1.

By this order, the application under Order XVIII Rule 17 R/w

Section 151 CPC moved by the defendants shall be disposed of. Through the
application, prayer is made for allowing the defendants to lead their evidence.
Briefly stated, facts necessary for the adjudication of the present application
may be summarized as under.

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2.

After the framing of issues on 10.02.2004, the matter was listed for

plaintiff's evidence which was concluded on 10.11.2004. After the conclusion

of the plaintiff's evidence, matter was listed for defendants evidence. At the
stage of defendants evidence, it was jointly submitted by the parties that talks
for compromise are going on and even on one date of hearing i.e. 16.02.2005,
it was jointly submitted that matter has been compromised amicably. In view
of the said submissions, instead of listing the matter for defendants evidence,
the matter was listed for recording the statement of parties. However, on the
next date of hearing, it was submitted that no compromise has been entered
into between the parties as stated on the last date of hearing. Taking note of
the said submission, matter was again listed for defendants evidence.
Thereafter, opportunities were given to the defendants to lead their evidence.
Despite being given the opportunities, neither the witnesses were produced
nor affidavits were filed and in such circumstances, the Ld. Predecessor by
order dated 07.11.2005, closed the defendants evidence and listed the matter
for final arguments. Again at the stage of final arguments, it was jointly
submitted by the parties that they are trying to settle the matter amicably.
Taking note of the said submission, matter was referred to the Mediation. On
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the date when the matter was referred to Mediation, the present application
was also moved by the defendants. Since the matter could not be settled
between the parties before the Ld. Mediator, the matter was listed for filing of
reply and arguments to the present application of the defendants.

3.

Ld. counsel for the plaintiff submitted that he intends not to file the

reply and wants to argue the matter straightaway. I have heard the respective
submissions of the ld. counsel for the parties and perused the record carefully.
Having perused the record, I am of the opinion that the defendants evidence
was closed in the circumstances when the matter was listed time and again for
effecting compromise between the parties.

Even at the stage of final

arguments, parties were referred to Mediation on their joint request. Taking

note of the above said, I am of the opinion that cause of justice demands that
full opportunity be also given to the defendants to prove their case.
Accordingly, the defendants application under Order XVIII Rule 17 R/w
Section 151 CPC is allowed subject to cost of Rs. 1,000/-, Rs. 500/- to be
deposited in the legal aid.
Let the affidavits in evidence of all the DWs be filed and supplied
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atleast 15 days before. Matter be listed for D.E. as last opportunity to the
defts., for 11.03.2008.

Announced in open court:

Dated : 29th November, 2007

(SATISH KUMAR ARORA)

(Three copies attached)

CIVIL JUDGE, DELHI

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