SANJAY AGRAWAL Vs. NETRAM AGRAWAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred by the petitioners against the order dated 21/06/2019 passed in Civil Suit No. 03-A/2013 by learned 1 st Civil Judge Class - II, Durg to the Court of 3 rd Additional Civil Judge, Durg whereby petitioners/defendants opportunity to lead evidence has been closed.

(2.) Learned counsel for the petitioners submits that on 18/06/2019, cross-examination of petitioner/defendant No. 1 was started but due to the lack of time, the case was adjourned for 20/06/2019. On 20/06/2019 and then on 21/06/2019, the case was again fixed for cross-examination of petitioners/defendants, but because petitioner/defendant No. 1 had undergone surgery, he was advised for complete bed rest, and therefore, he could not be present for the cross-examination. It was totally unsustainable on the part of the trial Court to close petitioners'/defendants' opportunity to lead evidence by the impugned order, without taking into consideration the valid reason behind his absence. As such, the impugned order is liable to be set aside.

(3.) Mr. Ankit Singhal, learned counsel for the respondents opposes the submissions made by learned counsel for the petitioners.