MUNNI ADIWASHI Vs. SHEELA BAI

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 5.12.12 and 13.12.12. By order dated 5.12.12, the Court below has closed the evidence of the defendant/petitioner and proceeded ex -parte against her. By order dated 13.12.12, the application dated 5.12.12 preferred by the petitioner for providing her a final opportunity is rejected by the Court below.

(2.) BY preferring the application, it is stated by the petitioner that she is an aged Adiwasi woman and is ailing, and therefore, a last opportunity be granted to her to lead evidence. The Court below has rejected the same on the ground that the petitioner has not paid the cost imposed on her on earlier occasion and on the said date also the witness of the defendant was not present.

(3.) IN the opinion of this Court, there is no legal flaw in the orders passed by the Court below, yet to secure the ends of justice, I deem it proper to grant a final opportunity to the defendant/petitioner to lead evidence. Considering the fact that this will not prejudice the other side, a final opportunity is given to the petitioner to lead evidence. Accordingly, orders dated 5.12.12 and 13.12.12 are set aside. The Court below is directed to fix a date for the purpose of leading evidence for the petitioner. Petitioner shall pay the amount of cost which was imposed by the Court below before the next date of hearing. Apart from this, the petitioner shall pay Rs.500 as cost to the plaintiff/respondent No.1. If the said conditions are fulfilled, the Court below will provide a final opportunity to lead evidence by fixing a date. Petition is allowed to the extent indicated above. No costs.