KAMAL KUMAR JODHWANI Vs. SURAJ PRASAD SHRIVASTAVA

JUDGEMENT

(1.) Heard. The petitioner has filed this petition being aggrieved by the order dated 15-1-2013 by which the right to adduce evidence of the petitioner who is the defendant in the Civil Suit No. 102-A/2011 pending before the IInd Civil Judge, Class II, Katni, has been closed.

(2.) The learned Counsel appearing for the petitioner submits that due to non-availability of the Counsel engaged by the petitioner and as the petitioner was in the process of engaging a new Counsel, he could not adduce the evidence, which has resulted in passing of the impugned order. It is submitted that the petitioner was prevented from leading evidence on account of unavoidable circumstances and therefore, the impugned order be set aside and the petitioner be permitted to adduce his evidence.

(3.) The learned Counsel appearing for the respondent vehemently opposed the prayer submitting that in spite of being given several opportunities, the petitioner failed to adduce the evidence and therefore, the impugned order does not suffer from any infirmity calling interference by this Court.