HARERAM SINGH Vs. SHAILENDRA VIKRAM SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Petitioner before this Court is plaintiff in the suit being O.S. No.278 of 2014 instituted for permanent prohibitory injunction in respect of the suit property. He is aggrieved by an order passed by the trial court on 3/4/2024 whereby the opportunity of plaintiff to lead evidence has been finally closed and file has been made to progress for defendants' evidence.

(3.) Submission advanced by learned counsel for the petitioner is that since the plaintiff is in jail, he could not be produced whereas Court could have ordered for his production under Order 16A Rule 2 of the Civil Procedure Code, 1908. He has also argued that in view of Rules for Video Conferencing For Courts In The State Of Uttar Pradesh, 2020, the trial court could have ordered for recording evidence of the plaintiff through video conferencing. He submits that in above regard even the High Court has issued necessary circulars on 5/3/2024.