MOHAMMED SAJJAD A BIJAPUR Vs. N. AKBER

JUDGEMENT

(1.) Petitioners who are defendants 2 to 5 before the trial Court have filed the present petition seeking to set aside the order passed on I.As. 5 and 6 in O.S.No.1/2017 whereby the trial Court has rejected the applications filed seeking for reopening of the case and permitting the defendants to cross-examine P.W.1.

(2.) Perused the impugned order as well as the order sheet. It is noticed that the plaintiffs had also sought for leading of further evidence and the said application filed by the plaintiffs in I.A.4 was allowed. However, it is noticed that subsequently as plaintiffs had sought for time, further evidence of plaintiffs was taken as nil and the matter was posted for defendants' evidence on 10/11/2022. On 10/11/2022 as defendants were not present, the evidence of defendants was taken as nil and the matter was posted for arguments on merits on 24/11/2022. On 24/11/2022, plaintiffs had sought for time and the matter was adjourned finally to 9/12/2022. On 9/12/2022, request of the plaintiffs for time was rejected and after perusal of the records, the matter was posted for judgment.

(3.) It is noticed that the matter was posted for defendants' evidence on 10/11/2022 and on that date, in light of the absence of defendants, matter was straight away posted for arguments. Contention of learned counsel for petitioners that there was no sufficient opportunity to the defendants, requires acceptance. It is also noticed that even on 24/11/2022, the trial Court noticed that the plaintiffs had sought for time which prayer was rejected and after perusing the records, posted the matter for judgment which may also not have been a correct procedure that was followed.