SAI POOJA EDUCATION SOCIETY Vs. POOJA YADAV

JUDGEMENT

(1.) Heard on admission.

(2.) This Misc. Petition has been filed challenging the order dtd. 13/6/2022 (Annexure P-3) passed by Ilnd District Judge, Jabalpur whereby right of plaintiffs to file affidavits of other witnesses was closed for want of filing of all the affidavits under Order 18 Rule 4 CPC on the same and one date i.e. 13/6/2022.

(3.) Learned counsel for the petitioners submits that there is no provision in the CPC, specially under Order 18 Rule 4 CPC, which makes mandatory for filing affidavits of all the witnesses on one date. He submits that because crossexamination of the plaintiff-Ritu Yadav was not started by the defendant No.1 and even the learned court did not fix the case for cross-examination of the said witness, the plaintiffs submitted affidavit of other witness on the next date i.e. 20/6/2022, but the same was refused in the light of the order dtd. 13/6/2022 and by this order first time listed the case for cross-examination of the plaintiff-Ritu Yadav. Learned counsel for the petitioners submits that Order 18 Rule 4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date.