SHEO SHARAN ROY Vs. GOPAL PRASAD SUNAR

JUDGEMENT

(1.) Before the learned advocate for the petitioner opens his mouth or places his case the learned advocate for the opposite party repeatedly invited attention of this Court that on earlier two occasions directions were passed by this Court upon the petitioner to adduce evidence and further direction was passed upon the Trial Court to dispose of the proceedings. According to him the petitioner is adopting dilatory tactics and forestalling the application under Order IX Rule 13 of the Code of Civil Procedure. He insisted the Court to record such fact.

(2.) The revisional application, being C.O. 879 of 2014, was filed by the opposite party herein challenging an order dated 20th January, 2014, by which the Trial Court allowed an application for stay of the execution proceeding pending an application for condonation of delay in filing an application under Order IX Rule 13 of the Code of Civil Procedure.

(3.) The other revisional application, being C.O. 2085 of 2016, appears to have been filed by the petitioner challenging an order dated 28th April, 2016 by which the evidence of the petitioner herein was closed. While disposing of the said revisional application on 20th June, 2016, this Court recalled the said order dated 28th April, 2016 and permitted the petitioner to adduce evidence upon payment of cost of Rs.2,000/- within one week therefrom. It is expressly indicated therein that if the petitioner fails to adduce evidence on the date so fixed, the Trial Court shall close the evidence of P.W. 2 and shall dispose of the application under Order IX Rule 13 of the Code of Civil Procedure as expeditiously as possibly.