LAXMAN SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) HEARD on the question of admission. This petition is filed by the petitioners who are plaintiffs under Article 27 of the Constitution of India challenging the orders Annexures P-1 and P-2 dated 28.10.2004 and 13.12.2004 respectively passed by Civil Judge Class II Ashoknagar in Civil Suit No. 266A/90 whereby the Court below has closed the evidence of the plaintiffs.

(2.) BRIEF facts of the case is that the trial was fixed on 28.10.2004 for recording the evidence of the plaintiffs. Plaintiffs have filed affidavit of one of the witnesses Laxman Singh but on that date the plaintiffs could not keep Laxman Singh present in Court for cross-examination. It is stated that Laxman Singh was ailing on that date and adjournment was sought on that ground. The Court granted adjournment to the plaintiffs petitioners for cross-examination of Laxman Singh on payment of costs of Rs. 100/- and fixed the case for 13.12.2004. However, while adjourning the case for cross-examination of Laxman Singh, the Court has closed the right of examination of other witnesses on the ground that their affidavits are not filed by the plaintiffs.

(3.) THIS Court could have understood if the Court could have refused to adjourn the case and closed the right of the plaintiffs to examine witnesses. The Court has not done that. Instead, the Court has adjourned the case to 13.12.2004. Thus, the Court below has committed a procedural mistake in directing the plaintiffs to submit affidavits of all witnesses together as a condition for their cross-examination.