MAYA MITRA Vs. KHIYALDAS CONSTRUCTION PVT LTD

JUDGEMENT

(1.) THIS appeal under Section 96 CPC has been filed by the plaintiffs whose suit No. 21 -A/2002 has been dismissed by learned Fourth Additional District Judge, Bhopal on 31.3.2004.

(2.) NO exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal for the simple reason that the only argument which has been advanced by learned counsel for the appellants -plaintiffs is that suit was dismissed on account on non adducing the evidence by the plaintiffs. Learned counsel for the parties submit that burden of proof was on the plaintiffs since the averments made in the plaint were denied in the written -statement by the defendants and in order to prove the pleadings neither any documentary evidence nor oral evidence was adduced and, therefore, the learned Trial Court dismissed the suit of plaintiffs. The contention of Shri Hundikar, learned counsel for the appellants/plaintiffs is that sufficient opportunity was not provided to the plaintiffs to prove their case and eventually by closing the right to adduce evidence the learned Trial Court has erred in law.

(3.) ON the other hand, Shri Agrawal, learned counsel appearing for the respondent no.2 submitted that several opportunities were provided to the plaintiffs but on account of failure to adduce the evidence, the suit has been rightly dismissed by learned Trial Court and it has been prayed that appeal be dismissed.