ARUN KUMAR Vs. MANNI DEVI

JUDGEMENT

(1.) ALLOWED as prayed for. Main Case Defendant No.7 Arun Kumar Mishra by filing this revision petition under Article 227 of the Constitution of India has assailed order dated

(2.) 04.2012 Annexure P-1 passed by learned Civil Judge (Junior Division), Gurgaon thereby closing evidence of defendant No.7-petitioner by Court order. I have heard learned counsel for the petitioner and perused the case file. 2. Counsel for the petitioner prayed that only two more opportunities may be granted to the petitioner for his remaining evidence at own responsibility.

(3.) KEEPING in view all these circumstances and the heavy stakes involved and the grave adverse consequence if the petitioner is not granted opportunity to lead his evidence, I am of the considered opinion that ends of justice would be met if aforesaid prayer of the counsel for the petitioner is allowed on payment of heavy costs. Petitioner has to be burdened with heavy costs because the impugned order is dated 02.04.2012 and initially appeal was preferred against the said order is although the appeal is not maintainable. Moreover, on the date of passing of impugned order, an application was moved on behalf of defendant No.7-petitioner for examination of 13 witnesses mentioned in the application. The case was posted for hearing on the said application post-lunch by the trial Court when reply on behalf of plaintiff was filed to the application. However, counsel for defendant No.7 did not even appear before the trial Court for the said hearing.