ASHOK JAIN Vs. RUCHITA AGNIHOTRI

JUDGEMENT

(1.) Heard on the questions of admission and interim relief.

(2.) This petition has been filed under Article 227 of the Constitution of India against the order dated 15.02.2018 passed in Case No. 40-A/16 by the Second Civil Judge, Class II, Rajnagar, District Chhatarpur, whereby the petitioner's right to lead evidence has been closed on the ground that the petitioner has already availed 7 opportunities to lead evidence.

(3.) Learned counsel for the petitioner has submitted that the petitioner has filed a suit for declaration and permanent injunction in which until now several applications have been filed and in the meantime, on account of the order passed by the trial Court, the petitioner was also required to file three writ petitions being W.P. No. 13958/2017 disposed of on 20.9.2017, W.P.No. 14071/2017 disposed of on 20.09.2017 and W.P.No. 14072/2017 decided on 24.11.2017 and thus, it is contended by the petitioner that he has been continuously involved in the litigation and has exercised his right to challenge the order passed by the trial Court and in the meantime, he could not keep the witnesses in the Court which has led to passing of the aforesaid impugned order. It is further submitted that in the impugned order dated 15.2.2018, the trial Court has observed that in the application filed by the petitioner under Order 17, Rule 1 of C.P.C. for adjournment, a medical certificate of the witness has been filed which does not bear the stamp of any government doctor.