VERMA SONS Vs. MANISH JAIN

JUDGEMENT

(1.) Petitioner has submitted that he has been participating in the suit filed against him by the respondent before Judge, Small Causes Court, Delhi. On 15th May, 2006, petitioner/defendant had moved an application under Section 151 CPC with a prayer to take of from the record evidence of respondent/plaintiff due to non-compliance of precondition imposed vide order dated 07.08.2000. On the said date, he also moved an application under Section 114 Cr. PC for review of order dated 8th May, 2006. On 30th October, 2006, both the applications were dismissed for non-prosecution as the Senior counsel for the petitioner/defendant had not appeared and the matter was adjourned for final arguments on 29.01.2007.

(2.) Thereafter, petitioner moved an application under Section 151 CPC for recalling of order dated 30th October, 2006. The Learned Judge after hearing the arguments dismissed the said application vide order dated 11.02.2008. Aggrieved with the same, present petition is filed.

(3.) The learned counsel for petitioner has contended that by the impugned order, valuable right of the petitioner/defendant to lead his evidence has been refused. It is contended that there is no intention on the part of the petitioner/defendant to delay the proceedings and Learned Court has erred in holding that the petitioner/defendant is bent upon delaying the disposal of suit.