PRAVIN K MEHTA Vs. SPARTEK CERAMICS INDIA LTD

JUDGEMENT

(1.) AS against the dismissal of the Interlocutory Application for default, which was filed by the revision petitioner/defendant to recall the respondent/plaintiff witness for further cross examination, this revision has been filed.

(2.) THE case in brief is that the respondent/plaintiff filed the suit against revision petitioner/defendant claiming a sum of Rs. 7,08,919. 50 together with interest amounting to Rs. 9,21,088. 30/=. Along with the written statement, the revision petitioner/defendant also claimed a set-off for a sum of Rs. 10,13,446. 89 together with interest at Rs. 14,99,900/=,but now in the CRP. No. 986/2005 disposed of by this court on 1. 2. 2006, the revision petitioner/defendant restricted his claim to Rs. 10 lakhs with further interest at the rate of 25% per annum on the principle from the date or raising the counter claim/set-off.

(3.) THE following dates and events which led to the filing of this revision are essential to adjudicate issue involved in this revision: In March 1995 the plaint in O. S. No:9370 of 1995 filed before this court and later transferred to the IV Assistant Judge, City Civil Court for want of pecuniary jurisdiction. In April 1997 written statement along with Set-off/counter claim filed before the said court. In the year 2003, I. A. No:14038 of 2003 was filed by the defendant to decide the issue of jurisdiction as the preliminary issue and it is still pending before the said court. When the I. A. ,is pending the Trial Judge posted the suit for trial on 4. 2. 2004. On that day the said I. A. , was posted for enquiry on 9. 2. 2004 as the defendant was not ready on that day to cross examine PW. 1. On 9. 2. 2004 as the defendant's counsel was not feeling well, he was unable to cross examine P. W. 1 who was present in court. Therefore, the trial court adjourned the suit to 18. 2. 2004 for the cross examination of PW. 1. On 18. 2. 2004, PW. 1 was cross examined and his evidence was closed and the suit was posted for defendant's evidence on 4. 3. 2004. On that day an I. A. 4762/2004 to receive the document was field by the defendant. The trial Judge posted the suit as well as the I. A. , for preliminary jurisdiction as well as the I. A. , to receive documents on 8. 3. 2004. On 8. 3. 2004, the trial Judge posted the suit for the counter and disposal of I. A. No. 4762/2004 on 15. 3. 2004 and on that day the said I. A. , was allowed as no counter was filed. The suit was again posted for defendant's evidence on 1. 4. 2004, but the defendant was cross examined only on 28. 6. 2004 after several adjournments.