BHARAT SINGH Vs. PRITHI SINGH & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the Trial Court dated 06.07.2013, by which the Trial Court rejected the request made on behalf of the petitioner/plaintiff for his crossexamination to be done in terms of his evidence by way of affidavit filed. Trial Court had closed the evidence of the petitioner/plaintiff by the order dated 13.09.2012 on account of the repeated non-appearance of the petitioner/plaintiff.

(2.) The relevant portion of the impugned order giving reasons for refusing to recall the order dated 13.09.2012 reads as under:-

(3.) A reading of the aforesaid observations contained in the impugned order shows that about 5 opportunities were given to the petitioner/plaintiff to come for his cross-examination but the petitioner/plaintiff failed to do so. The case of the petitioner/plaintiff is that he fell from the train and thereafter, he could not contact his counsel because, he was away from his home for about one and a half months on account of failing memory. On the aspect pleaded of failing memory, the Trial Court notes that not even a single document had been filed with respect to the hospital treatment or illness or medical prescription etc etc and hence the court could not believe the case as set up by the petitioner/plaintiff.