GULSHAN RAJ Vs. KISHAN DATT

JUDGEMENT

(1.) The challenge to the impugned Judgment is two-fold :-

(2.) Learned counsel for the respondents submitted that in this case, the petitioner has intentionally avoided to produce his evidence by seeking adjournments on one pretext or the other in this view of the matter, the petitioner is not entitled to any interest from the date of filing of the claim petition till the date of the order. Reliance is placed on the Judgment reported as 1987A.C.J. 771, wherein the petitioner is alleged to have taken 5 years in completing his evidence. In that case, the court has in fact come to the conclusion that it was due to the negligence of the petitioner that the evidence could not be recorded within a reasonable time. On that score, the petitioner was deprived of the interest as claimed by the petition.

(3.) This is not the case here.