SHRAVAN KUMAR PATEL Vs. 0 MOHANLAL HARGOVINDDAS

JUDGEMENT

(1.) Supervisory jurisdiction of this Court under Article 227 of the Constitution of India is invoked to assail interlocutory order passed by XXIVth District Judge, Commercial Court, Jabalpur on 19/7/2023 in Commercial Suit No.156/2022 whereby, the right of petitioner/ plaintiff to adduce evidence has been closed on the ground of failure of petitioner/plaintiff to avail various last opportunities to adduce evidence afforded earlier.

(2.) While taking cognizance of this matter, this Court by an order passed on 29/8/2023 stayed the Commercial Suit No.156/2022. The said interim order continues to subsist till date. Accordingly, urgency arises and therefore, this matter has been finally heard in motion to be decided in following terms:-

(3.) Per contra, learned counsel for petitioner/plaintiff has opposed the preliminary objection of the respondents by relying upon Mahant Ram Das vs. Ganga Das [AIR 1961 SC 882] and Shrinivas Sharma vs. Shiv Kumar Sharma and others [(2011) SCC OnLine MP 2176 Para 11 to16] and contending that once defendant Nos.2, 6 and 7 amended their written statements for hearing immediately prior to passing of the impugned order, petitioner/plaintiff ought to have been afforded further opportunity to rebut the amendment and to this extent, the Commercial Court failed to exercise its jurisdiction thereby, rendering its impugned order amenable to supervisory jurisdiction of this Court under Art. 227 of Constitution.