SUNITA DEVI Vs. RAJ KUMAR SINGHAL

JUDGEMENT

(1.) The order dtd. 16/3/2022, passed by the learned Additional District Judge (†"the learned ADJ"), in CS DJ 579159-2016 (Raj Kumar Singhal v. Sunita Devi), which forms subject matter of challenge of challenge in the present petition instituted under Article 227 of the Constitution of India, rejects an application filed by the petitioner, as the defendant in the suit, under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 (CPC).

(2.) Given the nature of the controversy in the present case, it is not necessary to advert to the dispute in the suit. Suffice it to state that, the learned ADJ deemed it appropriate to direct the defendant (the present petitioner) to lead evidence first. Accordingly, on 8/8/2018, affidavit in evidence was filed by the petitioner along with certain document, without, however, any accompanying application under Order VIII Rule 1A (3) of the CPC to take the said documents on record. No such application was filed by the petitioner even before the next date of hearing which was 31/10/2018.

(3.) Accordingly, on 31/10/2018, on which date there was no appearance on behalf of the petitioner-defendant, the matter was passed over and taken up again at 12 Noon on the said date, by which time, too, no one appeared for the petitioner. A last opportunity was, therefore, granted to the petitioner, subject to costs of Rs.3000.00, and the matter was adjourned to 23/7/2019.