GOPAL RAMJIDAS TANDON Vs. MUKTABHAI PRABHU MALKAREKAR

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondent no. 2, waives service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the order dated 04.10.2018 and 06.12.2018, passed by the learned Trial Court in Special Civil Suit No. 19/2010/II. That is a suit filed by the petitioner against the respondents, for recovery of possession, damages and injunction. In that suit, the petitioner examined himself as PW-1 and his cross examination was completed on 02.08.2018. On 04.10.2018, the suit was fixed for further evidence of the petitioner. On that day, the learned Trial Court closed the further evidence of the petitioner with the following order:

(3.) The petitioner filed an application Exhibit-78 to set aside the order dated 04.10.2018, thereby permitting the petitioner to lead further evidence. It was contended that the affidavit in evidence of the witness, Chetan Kumar Joshi was furnished on 27.09.2018 and according to the petitioner, the said witness was present in the Court on 04.10.2018 and no prejudice would be caused to the respondents, if the order dated 04.10.2018 is recalled.