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Dogra, Advocate.
versus
for D-1.
CORAM:
JUDGMENT
MANMOHAN, J (Oral):
I.A. 6955/2017
3. Learned senior counsel for plaintiff further states that during the
cross-examination on 17th May,
2017, the counsel for defendant no.1 had
used the abusive, offensive and per se defamatory words like
https://indiankanoon.org/doc/78741699/ 1/3
9/10/21, 7:56 PM Mr Arun Jaitley vs Mr. Arvind Kejriwal & Ors on 26 July, 2017
"crook" and
"guilty of crimes and crookery" against the applicant/plaintiff. He points
out that the
applicant/plaintiff has already filed a separate suit against the
defendant no. 1 herein for damages,
being CS(OS) No.236/2017 for the said
malicious insinuations.
7. He lastly submits that as the proceedings before the Joint Registrar for
recording of evidence has
been delegated by the Original Side Rules of the
Delhi High Court, no cause of action arises for any
interference by the
delegator (High Court) in the proceedings going on before the delegatee
(Joint
Registrar).
9. Having heard the learned counsel for the parties, this Court is of the
view that cross-examination is
to be conducted in accordance with law and
the dignity of the Court has to be maintained. No person
who has invoked
the jurisdiction of this Court can be subjected to offensive, scandalous
and/or abusive
language in the garb of cross-examination.
10. Since the Joint Registrar is recording the evidence under the
supervision of this Court as a
delegatee of this Court, if a witness or party is
subjected to abuse or humiliation during the process of
cross-examination,
the Court can surely intervene.
12. However, as the defendant no.1 has now filed a reply accompanied by
an affidavit stating that he
had not instructed his senior counsel to use the
words like "crook" and "guilty of crimes and crookery"
against the plaintiff,
this Court (with consent of Mr. Anoop George Chaudhari learned senior
counsel
for defendant no.1) declares the said questions/expressions "crook"
and "guilty of crimes and
crookery" against the plaintiff as indecent and
scandalous in accordance with Section 151 of the Act.
13. This Court may mention that it is not enquiring as to whether the
previous senior counsel for the
defendant no.1 had called the plaintiff
"crook" and "guilty of crimes and crookery" on his own or on
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9/10/21, 7:56 PM Mr Arun Jaitley vs Mr. Arvind Kejriwal & Ors on 26 July, 2017
instruction of
the defendant no.1 as the plaintiff has already instituted a second suit being
CS(OS)
No.236/2017 with regard to use of aforesaid expressions/
insinuations. Needless to say the said issue
will be examined in CS (OS)
236/2017.
14. At this stage, learned senior counsel for the defendant no.1 states and
assures this Court, on
instructions of his client, that only relevant questions
would be put to the plaintiff in future during the
cross-examination and no
indecent or scandalous questions shall be put to the plaintiff and the plaintiff
shall not be subjected to abuse and/or humiliation in the present
proceedings.
15. The statements and assurances given by learned senior counsel for the
defendant No.1 is accepted
by this Court and the defendant No.1 is held
bound by the same.
17. This Court may mention that Mr.Rajiv Nayar, learned senior counsel
for the plaintiff has prayed
during the proceedings for a relief under Section
150 of the Act in view of the reply-affidavit filed by
defendant no.1.
However, as there is no such pleading or prayer in the present application,
the plaintiff
is given liberty to file a separate application with regard to the
said relief. Needless to say, the same
shall be considered in accordance with
law.
The Joint Registrar is also directed to allow only the Advocates who
are appearing in the present case
to be present in the Court Room.
The date fixed before the Joint Registrar i.e. 28 th and 31st July, 2017
stands cancelled.
MANMOHAN, J
JULY 26, 2017
KA
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