MOHANLAL Vs. LALCHAND

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition under Article 227 of the Constitution of India being aggrieved by the order dated 21.01.2019 and 01.03.2019.

(2.) The facts of the case reveal that the petitioner before this Court was defendant No.3 in a civil suit filed by the respondent No.1 and the matter was listed before First Civil Judge, Class-II, Ratlam on 01.02.2019.

(3.) Learned counsel for the defendant in spite of the fact that the defendant's witness was present did not examine the witness and when a request was made to him to continue with the process of recording of evidence, he categorically told the learned Judge that he does not want the evidence to be recorded and the learned Judge is free to do any thing whatever she wants to do and thereafter, learned counsel for the defendant submitted an application for transfer of the case. The matter was thereafter listed on 21.01.2019.