JOGINDER CHADHA Vs. VISHNU KUMAR

JUDGEMENT

(1.) Petitioner challenges the order dtd. 8/12/2022 in CS DJ 736/17 titled as "Joginder Chadha vs. Vishnu Kumar And Ors." whereby the application seeking recall of the order dtd. 6/7/2022 whereby the right of the petitioner/ plaintiff was closed, was dismissed.

(2.) Learned counsel submits that the petitioner had specifically informed the learned Trial Court that on 6/7/2022, the petitioner was unwell and could not appear before the Court nor could the evidence be filed on his behalf.

(3.) Learned counsel submits that the learned Trial Court did not consider the medical prescription filed on record and had closed the right of the petitioner/ plaintiff to lead evidence on the basis that on previous occasions, the petitioner/ plaintiff had miserably failed to adhere to the timelines given by the learned Trial Court for filing of the evidence.