MOHINDER AGENCIES Vs. MANAS AUTOMOTIVE SYSTEMS LIMITED

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed against the impugned judgment dated 6.5.2017 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs.11,29,098/-. The suit has been dismissed on account of evidence of the plaintiff being closed and therefore there was no evidence by which the appellant/plaintiff proved its case.

(2.) Learned counsel for the appellant/plaintiff rightly argues that the impugned judgment deserves to be set aside because evidence was closed on the very first date of hearing by the trial court and nonappearance of the appellant/plaintiff was on account of wrongly noting the date as 15.5.2017 instead of 5.5.2017.

(3.) In my opinion it is an extremely harsh stand taken by the trial court of closing the evidence of the appellant/plaintiff on the very first date of hearing. No doubt parties should not be negligent in conduct of their cases, but equally courts cannot be strict by closing evidence of the plaintiff on the very first date which is fixed for the evidence of the plaintiff.