LAWS(APH)-2022-1-100

PRATAP CHAGANLAL Vs. VIKRAM JETHALAL JOISHER

Decided On January 28, 2022
Pratap Chaganlal Appellant
V/S
Vikram Jethalal Joisher Respondents

JUDGEMENT

(1.) The petitioners herein are the defendants in O.S.No.19 of 2007 pending before the II Additional District Judge, Hindupur. On 17/11/2021, the trial Court had closed the evidence of the petitioners. Aggrieved by the said order, the petitioners had approached this Court, by way of C.R.P.No.1266 of 2021. This Civil Revision Petition was disposed of by an order dtd. 7/12/2021 with the following directions:

(2.) Thereafter, the matter was taken up by the trial Court. On 14/12/2021, the defendants had filed a list of witnesses containing 10 names and the trial Court fixed a schedule for examining these witnesses.

(3.) However, the evidence of D.W.1 which was fixed for 21/12/2021 could not be completed till 23/12/2021. On account of this delay, a fresh schedule was fixed on 23/12/2021. It appears that the examination of witnesses was carried out in accordance with this schedule up to D.W.9. It is also the case of both sides that D.W.6 to D.W.9 were called absent on the dates on which they were to be available for examination and that their evidence was closed on the respective dates given in the schedule.