HUKAM CHAND Vs. KEDAR SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 10.12.1999 passed by the learned Additional Civil Judge (Senior Division) wherein learned Judge ordered that the evidence of the plaintiff be closed. The reason given for passing this order was that the plaintiff availed of six opportunities and had not stepped himself into the witness box. Finding no justification for further grant of adjournment, the learned Judge passed the order. Notice to show cause why the petition to be admitted was issued to the respondent by this Court on 17.1.2000. As per the report of the Registry the respondent has been served. Case has been called out three times since morning but nobody appears on behalf of the respondent despite service. Resultantly, the respondent is ordered to be proceeded ex parte in these proceedings and the matter has been accordingly heard.

(2.) THE learned trial Court has noticed that six opportunities were granted and the plaintiff did not examine the witnesses. However, the zimni orders produced on record show that the learned counsel for the plaintiff, Mr. Lalit Chowdhary had met with an accident and could not appear in Court on 11.3.1999 and the case was adjourned to 6.5.1999 for recording of evidence. On that date two PWs were present and examined. The case was adjourned to 8.6.1999 on which date the learned Judge was to go on leave and, therefore, the case was adjourned. The file was taken up and the case was adjourned to 19.8.1999. However, the case was again taken up on 14.8.1999 as the learned Judge was to proceed for training to Delhi. Thereafter, an opportunity was granted to the plaintiff to adduce his evidence but the witnesses were not present and the impugned order was passed.

(3.) FOR the reasons aforesaid, and particularly, when there is no opposition to the present petition, I would accept the petition and set aside the order dated 10.12.1999 and permit the petitioner-plaintiff in the suit to conclude the entire evidence on the date to be fixed by the learned trial Court. The plaintiff shall produce his evidence at his own risk and responsibility and would not be entitled to any further adjournment on any ground except for paucity of time with the Court. This petition is allowed subject to payment of Rs. 500/- as costs, costs being conditional. Dasti on payment. Petition allowed.