AZAD CHATURBHAI RAMOLIYA Vs. NATVARBHAI SAMUBHAI PATEL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, assails the legality, propriety and correctness of the order dtd. 3/4/2023 passed below Exh.118, in Special Civil Suit No.139 of 2015, by the 19th Additional Senior Civil Judge, Surat, whereby the Trial Court refused to reopen the right to cross examine the plaintiff which was closed on account of non- remaining present of counsel for the defendant no.15. The learned Trial Court while rejecting the application observed that the earlier occasion also, the Court had liberally opened the right to cross examine the plaintiff, despite of these facts, the defendant no.15 could not complete the cross examination of the plaintiff. The record indicates that on the day of recording the evidence, learned counsel for the defendant no.15 was out of station and therefore, matter could not be proceeded further.

(2.) Learned counsel Mr.D.K. Patel assures that the next date of the suit is 13/6/2023 and on that day, without any default, the cross examination will be completed and petitioner is also ready to pay the cost.

(3.) In view of the what has been stated above, and considering the peculiar facts and circumstances of present case, and in the interest of justice and fair trial, as a last chance, one opportunity granted to the petitioner defendant to examine the plaintiff. The petition is accordingly allowed. The impugned order dtd. 3/4/2023 is quashed subject to cost of Rs.20,000.00 to be paid to the plaintiff. The petitioner - defendant no.15 is directed to complete the cross examination of the plaintiff on the day i.e. 13/6/2023 fixed by the Court for further proceedings. In the event, the petitioner does not cross examine the plaintiff, no further application shall be granted. The petitioner defendant shall deposit the amount of cost of Rs.20,000.00 on 13/6/2023 before the Trial Court. The learned Trial Court shall disburse the amount in favour of the plaintiff as and when it is deposited.