LAKHAN LAL Vs. DURGA PRASAD

JUDGEMENT

(1.) He is heard on the question of admission.

(2.) THE petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 09/05/2013 passed by IV Civil Judge, Class -I, Chhindwara in Civil Suit No. 41 -A/2012 whereby the right of the petitioner/plaintiff to adduce evidence has been closed. The petitioner's counsel after taking me through the papers placed on record along with averments of the petition argued that the right to adduce evidence of the petitioner has been closed by the trial court under the wrong premises. In continuation he said that the petitioner/plaintiff along with witnesses were present before such court on the date 09/05/2013 to adduce the evidence instead their deposition were not recorded and the impugned order was passed and right of the petitioner/plaintiff to adduce evidence wrongly closed. He also argued that in case this court comes to a conclusion that there were any default on the part of the petitioner in non -producing the evidence on the aforesaid date then by adopting some lenient view he be extended opportunity to adduce the evidence in the matter by imposition of cost under the discretion of this court and prayed for admission and allowing this petition accordingly.

(3.) AFTER perusing the aforesaid order of the trial court I have found that the same has been passed in a speaking manner by taking all existing circumstances in the matter and in the available circumstances, there was no option with the trial court except to close the right of the petitioner to adduce the evidence in support of the plaint and in such premises I have not found any perversity, illegality and irregularity or nothing against the propriety in the order impugned which requires any interference at this stage under the superintending jurisdiction of this court enumerated under Article 227 of the Constitution of India.