SURESH CHAND GUPTA ( SINCE DIED ) THROUGH LRS SANTOSH KUMAR GUPTA (SINCE DIED) THROUGH LRS Vs. RAMESH WAR PRASAD

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India takes exception to the order dated 11.7.2017 (Annexure P-3) passed in Civil Suit No.146-A/2012 passed by learned Civil Judge, Class-II, District Seoni. By the impugned order, the application preferred by the petitioner/ plaintiff under Order 17 Rule 1 of CPC was rejected by the court below and right to cross-examine the defendant witness by the plaintiff was closed.

(2.) In the instant suit, the court below on 29.6.2017 granted last opportunity to the petitioner to crossexamine the defense witness. On the next date fixed, the petitioner preferred an application under Order 17 Rule 1 CPC dated 11.7.2017 and prayed for adjournment by stating that petitioner's counsel is unwell. He has pain in his hands and is suffering from fever. Hence further date was prayed for the purpose of cross-examination. The court below by the impugned order rejected the said prayer.

(3.) Shri Rahul Kumar Tripathi, learned counsel for the petitioner submits that the court below has erroneously exercised the power under Order 17 rule 1 CPC. Since justifiable reasons for adjournment were shown, the court below should have allowed the adjournment prayed for.