MAHENDRA KUMAR SONI Vs. JAGDISH KHARE

JUDGEMENT

(1.) Though the matter is listed for orders on the question of admission as well as on stay application, however, it is finally heard. Further, considering the nature of order which this Court is inclined to pass in the facts and circumstances of the case, it is not necessary to issue notice to the respondents.

(2.) This petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff being aggrieved by the order dtd. 19/1/2022 passed by the Ist Civil Judge, Senior Sec. , Chhatarpur (MP) in RCSA No. 45/2017.

(3.) An application under Order 17 Rule 1 of the Code of Civil Procedure was filed by the petitioner before the trial Court seeking opportunity to adduce witness. The trial Court rejected the said application on the ground that 27 opportunities were provided to the petitioner/plaintiff and even then, he is seeking further time to adduce evidence. It was further observed that the petitioner/plaintiff is unnecessarily trying to prolong the case, hence the application was dismissed and petitioner/plaintiff's right to adduce evidence was closed.