KESHAV DUBEY Vs. CHANDRAMOHAN AGNIHOTRI

JUDGEMENT

(1.) The petitioner, who is a Plaintiff in the suit for specific performance, has filed this petition being aggrieved by order dated 2.5.2008 passed by the First Additional District Judge, Hoshangabad in Civil Suit No.79-A/2007 rejecting the application seeking adjournment filed by the petitioner under Order 17 Rule 1 read with Section 151 of the Code of Civil Procedure, for the purposes of examining five other witnesses in support of his claim made by him in the suit.

(2.) The application, filed by the petitioner, has been rejected by the trial court on the ground that the petitioner has failed to disclose the reason for not producing the witnesses on the date fixed and the specific dates on which the witnesses are busy in marriage and agricultural operations, have not been mentioned in the application. The trial court, while rejecting the application of the petitioner has also closed the right of the plaintiff to adduce any further evidence.

(3.) Notices were issued by this Court on 14.5.2008 and an interim order staying further proceedings in the suit were also passed. On 16.12.2011 as service of notice on the respondent was reported to be awaited, this Court again directed issuance of notice to the respondent through Speed Post inspite of which nobody has appeared before this Court on behalf of the respondent.