GOFELAL BANJARE Vs. BHAGELAL

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India challenging the legality and validity of the order dtd. 27/7/2024 passed by the Third Civil Judge, Senior Division, Bemetara (CG) in Civil Suit No.46-A/2017, whereby, opportunity of the plaintiff/petitioner to adduce the evidence was closed.

(2.) The plaintiff has filed a civil suit for declaration of title, permanent injunction and possession in respect of the suit land. In the said suit, earlier he has filed an affidavit in the form of Order 18 Rule 4 of the CPC for examination of the chief witness and one of the witnesses was examined on 24/7/2024 in presence of one of lawyers namely Shri Anand Sahu. On 27/7/2024, when the case was fixed for further evidence, though some witnesses of the plaintiff were reached to the concerned Court, however, the plaintiff has neither produced the said witnesses before the trial Court and informed the Court that original counsel is coming from outside and only in the presence of said counsel, examination of the witnesses has to be done. When the matter was taken up in the second round, on the same day, though the trial Court has made a direction that cross-examination of the witnesses can be done in presence of local lawyer Shri Anand Sahu, however, plaintiff again prayed for sometime. Thereafter, the trial Court has taken up the matter several times on the same day and when the case was taken up in the sixth round, local counsel Shri Anand Sahu informed to the Court that he has tried to contact the plaintiff as well as the original counsel but their mobiles are switched off. In such compelling circumstances, the trial Court observed that though several opportunities have already been given by imposing a cost, however, the plaintiff witnesses have not turned up for cross-examination, as a result of which, opportunity to adduce the evidence of the plaintiff was closed. Hence, this petition.

(3.) Before commencing the arguments, learned counsel for the petitioner/plaintiff informed that earlier the plaintiff had filed WP (227) No.316/2024 before this Court challenging the order dtd. 1/4/2024 passed by the 3rd Civil Judge, Class-I, Bemetara in Civil suit No.46-A/2017 whereby application preferred by the petitioner/plaintiff under Order 6 Rule 17 of the CPC was dismissed. He submits that the said petition was allowed by this Court.