ZIYARUREHMAN Vs. CHIEF EXECUTIVE OFFICER UJJAIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dtd. 25/11/2025 (Annexure P/1), passed in RCS- A No. 667/2023 by the VIth Civil Judge, Senior Division, District Ujjain (M.P.), whereby the learned Judge has closed right of the petitioner to lead the evidence.

(3.) Learned counsel for the petitioner submitted that by passing the impugned order, closing the petitioner's right to lead evidence is illegal, arbitrary, harsh, and contrary to the settled principles of law. The petitioner is a senior citizen aged about 82 years, and due to her deteriorating health condition, she could not remain present before the Trial Court. He also submitted that the closure of the petitioner's evidence, despite a justified and genuine request for adjournment under Order XVII Rule 1 of CPC, has resulted in grave prejudice to her rights and has virtually deprived her of fair opportunity to present her case, which is impermissible in law. In such a situation, he prays that opportunity may be granted to lead the evidence to the petitioner.