RAM LAL Vs. TRILOK SINGH CHAUHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PRESENT writ petition has been filed by the petitioner for quashing the order dated 10.03.2010 passed by Judge, Small Cause Court/ Additional District Judge Rishikesh in SCC suit No. 32 of 2001.

(3.) THIS High Court vide its order dated 08.08.2008 allowed the writ petition filed by respondent and permitted him to file amended memo of petition before the trial court. On 08.08.2008 at the time of disposal of writ petition before this Court respondent did not stated before this Court that notice dated 07.09.2001 which was the basis of the suit was only for demand of arrears of rent and not for termination of tenancy of the petitioner and for eviction of petitioner. On 08.07.2009 defendant/petitioner started cross examining respondent's witness. On 22.01.2010 petitioner filed application for adjournment of the case as counsel for the petitioner was out of station. But the learned trial court without considering the request of learned Counsel for the petitioner rejected the application for adjournment and closed the opportunity to cross examine PW1 of the petitioner. On 15.02.2010 petitioner filed application supported with affidavit for recalling the order dated 22.01.2010 and to allow the petitioner to cross examine the plaintiff/respondent's witness.