PIJUSH BHATTACHARJEE Vs. ANITA BHATTACHARJEE

JUDGEMENT

(1.) Petitioner has prayed for the following reliefs:

(2.) Learned trial Judge, rightly held that provisions of Section 151 of Code of Civil Procedure cannot be invoked for passing an appropriate order, allowing the party to lead evidence, as such, no fault can be found with the order dated 25.06.2019 passed by learned Civil Judge, Junior Division, Court No.1, Khowai District in case No.Civil Misc. 21 of 2019, titled as Smt. Anita Bhattacharjee v. Sri Pijush Bhattacharjee, dismissing such application.

(3.) However, order sheets as placed on record do reveal one fact and that being that there has been no intentional delay on the part of the defendant/petitioner herein in leading evidence. Yes, opportunities were afforded. But then, evidence could not be led for reasons beyond the control of the party. It is a settled principle of law that party cannot be allowed to suffer for the fault of others. The defendant/petitioner herein is a poor litigant and he, before the trial Court, was assisted by a legal aid counsel.