NATIONAL INSURANCE CO LTD Vs. RAJESH JHA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed on behalf of the petitioner seeking quashing of order dated 12.8.2010, passed by Additional District Judge, Delhi.

(2.) Brief facts as apparent from record are that, petitioner filed a suit for recovery against respondent in 2005. Issues were framed on 13.4.2007. Thereafter, large number of opportunities were granted to the petitioner to examine its witnesses but it did not examine any witness till date as apparent from the petition nor it is mentioned in the entire petition as to what was the first date of evidence.

(3.) Be that as it may be, on 5.7.2010 when matter was fixed for petitioners evidence no witness of petitioner was present nor previous cost were paid by the petitioner. It would be pertinent to point out that, even regular counsel of petitioner was not present. Under these circumstances, trial court closed the evidence of petitioner.