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TMI Blog2021 (2) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... with cost but they did not cross examine the plaintiff's witness. Finally the court has treated their right of cross examination as closed vide order dated 21.12.2020 which they challenged in miscellaneous petition No.6283/2019. This court while allowing the petition granted one last opportunity to the defendants to cross examine the plaintiff's witness and the counsel gave an undertaking that he shall not seek any further adjournment henceforth. This Court has also directed the trial Court to decide the suit preferably within a period of one year. The said one year period is now over but due to Corona epidemic the proceedings could not take place from 22.03.2020 till the end of November, 2020 but the last opportunity to cross exami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;s witness so far. On 14.10.2019 time for cross examination was given with cost of Rs.5,000- and with the condition that in case they failed to cross examine their right of cross examination would be treated as closed. On 05.11.2019 their right was treated as closed. Being aggrieved by the aforesaid order the defendants filed miscellaneous petition No.6283/2019 before this Court. The miscellaneous petition came up for hearing and this Court has allowed the petition by granting last opportunity to the defendants to cross examine the witness. The operative para of the said order is reproduced below 3. On due consideration of the documents, I find force in the contention of learned counsel for the petitioners and am of the considered opini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annot cross examine from a distance of 6ft. in the closed Court room, hence the proceedings of this case be adjourned till the eradication of Corona virus. The aforesaid application was vehemently opposed by the counsel for the plaintiff. At 2.30 P.M the Court rejected the application and passed the order on the same day at 04.45 P.M closing the right of the defendants and fixed the case on 05.01.2021. Being aggrieved by the aforesaid order, defendants have filed the present petitions. I have heard learned counsel for the parties. 4. Counsels for the petitioners submits that one last opportunity be given to the defendants to cross examine the plaintiff's witness in the interest of justice. Shri Kanthed, learned counsel for the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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