AJIT NAGAR Vs. KALKA PD AGGARWAL

JUDGEMENT

(1.) THE challenge in CM (M) No. 1407 of 2009 is to orders dated 1st October 2009, 13th October 2009 and 14th October 2009 passed by the learned Additional District Judge ('ADJ') in Suit No. 201 of 2006. In CM (M) No. 1515 of 2009 the Petitioner challenges an order dated 4th December 2009 passed by the learned District Judge (DJ.) dismissing Transfer Petition No. 163 of 2009 by which the Petitioner had sought transfer of the aforementioned suit from the court of the learned ADJ who passed the aforementioned orders to any other Court of competent jurisdiction.

(2.) THIS Court has heard the submissions of Mr. Nalin Tripathi, learned counsel for the Petitioner at length and has also examined the records.

(3.) ON 13th August 2007 the Defendant sought and was granted adjournment to 19th September 2007. Again an adjournment was sought and was granted subject to payment of costs to 30th November 2007. On that date the DW -1 was examined and last opportunity was granted to conclude the Defendant's evidence on 10th January 2008. No witness was summoned by the Defendant on 10th January 2008. The Court had to adjourn the case thereafter to 14th February and again thereafter to 28th May 2008. No witness was examined by the Defendant on 25th August 2008 and again adjournment was granted subject to payment of costs of Rs. 1,000/ -.