MAHALAXMI TRADERS Vs. SUDARSHAN INDUSTRIES

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal at the instance of the defendants has been taken up being aggrieved by order dated 18-9-2006 passed by learned second Additional District Judge, Ujjain rejecting thereby application filed under Order IX Rule 13 of the Code of Civil Procedure ("code" hereafter)arising out of Civil Suit No. 11 -B/04.

(2.) IT is not disputed that the plaintiff/respondent filed Civil Suit No. ll-B/04 against the defendants/appellants in the Court of Second Additional district Judge, Ujjain for realization of Rs. 3,50,000. 00on 5-9-2003. The suit was resisted by the defendants/appellants. After framing of issues as the Trial of the said suit proceeded and recording of the evidence of respondent was over the suit stood fixed up for 29-8-2006 for the evidence of appellants. That day a witness of appellants, named Shyamlal could not remain present allegedly due to death of his Aunt, therefore, application was moved for adjournment and also affidavits of two other witnesses, Gopal and Babulal were filed in the evidence, by the appellants. The learned Trial Judge, however, dismissing the said application, closing the right of the appellants to adduce evidence fixed up the case for final hearing for 8-9-2006. The appellants challenged the said order by filing Writ Petition No. 5468 of 2006. This Court disposing of the writ application vide order dated 12-9-2006 directed as under:-

(3.) IT is also not disputed that on 8-9-2006 the defendants/appellants had moved an application for adjournment mentioning that their writ petition mentioned above was pending consideration and their arguing Counsel was unwell, therefore, pressed for adjournment. The learned Trial Court, however, heard final arguments of the learned Counsel for the plaintiff/respondent and reserving judgment for 18-9-2006 directed that the written arguments from the side of defendants/appellants may be filed till penultimate day to judgment. The written arguments so demanded were but not filed.