BHOLABHAI JAYANTIBHAI SHAH Vs. RAJESHBHAI DEVENDRABHAI THAKKAR

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India challenging common order passed below Exhibits 82, 89 and 90 dtd. 16/7/2021 by learned Additional Senior Civil Judge, Dholka in Special Civil Suit No.14 of 2015, whereby repeated requests vide Exhibits 82 and 89 for reopening right of the petitioner - defendant to cross examine the plaintiff, who is in the box, and adjournment application vide Exhibit- 90, came to be rejected.

(2.) Heard Mr. Mehul Vakharia, learned advocate for the petitioner - defendant. According to his submission, parties were negotiating the matter since long but ultimately it could not be materialized. Despite examination-in-chief on oath on behalf of the plaintiff filed in the year 2008, on failure of attempts to settle the matter, the stage of cross examination of the plaintiff was reached and at the time since neither the petitioner - defendant nor his advocate were present vide an order dtd. 20/9/2018, right to cross examine the plaintiff who was in box came to be closed.

(3.) He has further submitted that since case has not proceeded further, the petitioner - defendant should be permitted to cross examine the plaintiff, who is in box, by reopening his right to cross examine him. According to his submission, the petitioner - defendant be put to terms and to complete the exercise within the time frame so that he is not prejudicially affected. He has further submitted that it is the matter of fact that parties were trying to negotiate but it has not materialized so far, but in an attempt to see that the matter is settled, though lapses are there, stage has not reached that it cannot be reversed. Therefore, he has requested that his right to cross examine the plaintiff be reopened, even on imposing cost, so as the suit be determined on merit instead on technicalities.