2021 (2) TMI 1360

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....for eviction, arrears of rent and mesne profit against Ramchandra (now dead) and the present petitioners on 14.08.2013. The defendants filed their written statement and issues were framed. On 12.05.2014 plaintiffs filed an affidavit under Order 18 Rule 4 of the CPC. The defendants took an objection and again the plaintiffs filed an affidavit on 07.03.2015. From 12.05.2015 the petitioners defendants are seeking time to cross examine the plaintiff's witness. From 12.05.2015 till 02.12.2019 at least ten times adjournments were given with cost as a last opportunity but despite that the defendants have not cross examined the plaintiff's witness so far. On 14.10.2019 time for cross examination was given with cost of Rs.5,000- and with the....

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....o.1 expired and the plaintiff filed an application for deleting his name as his legal heirs are already on record as defendants No.2 to 4. The said application was filed on 11.11.2020 under Order 22 Rule 4 CPC. The defendants sought time to file reply on 19.11.2020 & 25.11.2020 and finally the said application was allowed on 16.12.2020 and the suit was fixed for cross examination of plaintiff's witness on 21.12.2020. On 21.12.2020 the counsel appearing for the defendants filed an application seeking adjournment on the ground that recently he had suffered Corona infection and his lungs are not properly working, therefore, he cannot cross examine from a distance of 6ft. in the closed Court room, hence the proceedings of this case be adjou....