ARMAN Vs. SAKEELA BEGUM

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner has assailed an order passed by learned trial court whereby the cross examination of PW-1 was closed because of non-appearance of the counsel for the petitioner and an adjournment was refused.

(2.) A perusal of order passed by learned trial court shows that the issues in the matter were framed on 24th September 2004 and the matter was fixed for evidence. The counsel for defendant (petitioner herein) sought an adjournment on 14 th February 2005, 29th March 2005, 27th April 2005, 18th May 2005 and 7th July 2005 for cross examination but still did not cross examine this witness despite all these opportunities and adjournments. Then the petitioner moved an application under Section 151 CPC which was dismissed and the matter again got fixed for evidence on 20th March, 2007. Again an adjournment was granted and the matter was listed as last and final opportunity for cross examination of PWs. The matter was listed on 8th October 2007 and then again on 29th March, 2008. The petitioner again sought an adjournment for cross examination, which was granted. The matter again came up for hearing on 22nd July 2008, 21st November 2008, 9th February 2009 and 28th April, 2009. On all these hearings, adjournments were granted at the instance of petitioner(defendant). On 13 th May, 2009, PW-1 was partly cross examined by the counsel for defendant and further cross examination was deferred and the matter was listed for remaining cross examination of this witness on 4th August, 2009. On 4th August, 2009 when the matter was taken up, witness was present in the morning when proxy counsel for petitioner appeared and told the Court that the counsel for defendant (petitioner) had gone to Sonepat Court in some matter and was likely to come after lunch. Looking at the manner in which the witness had been harassed in this case for the last four years and the adjournments were sought, the trial court found no reason to ask the witness to keep on waiting for the counsel who had gone to Sonepat Court and he closed the cross examination.

(3.) I find no force in this petition. The petition is hereby dismissed. No orders as to costs.