KASTURI DEVI Vs. SUNDER SINGH

JUDGEMENT

(1.) THIS appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity 'the Code') challenges the judgment dated 7.6.1999 passed by the Additional Distirct Judge, Faridabad, holding that despite six opportunities having been granted to the plaintiff-appellant, he failed to produce any evidence. Even no list of witnesses was filed. The evidence of the plaintiff-appellant was closed on 26.3.1997 when the suit was also dismissed. The views taken by the learned Additional District Judge in para 10 read as under :-

(2.) MR . Lokesh Sinhal, learned counsel for the appellant has argued that the decree passed on 28.7.1993 which is the subject matter of challenge in the suit is illegal and the plaintiff-appellant would suffer irreparable loss if the afore-mentioned decree is made binding on the rights of the plaintiff- appellant. Learned counsel has prayed that one opportunity be granted to the plaintiff-appellant to conclude his entire evidence.

(3.) AFTER hearing the learned counsel for the parties, I do not feel persuaded to take a view different than the one taken by the Courts below. In the present time when the Courts are seized of cases for more than its capacity to deal with them a lazy litigant like the plaintiff-appellant cannot be permitted to utilize the court time which could be devoted to those litigants who are pursuing the litigation vigilantly. The changes recently made in the 'Code' w.e.f. 1.7.2002 sounds a loud message that unnecessary delay in the shape of adjournments, filing of pleadings, examination of witnesses and so on cannot be permitted. It is vigilance prosecution of cases which has been the hall mark of those amendments. Even otherwise no explanation has been furnished by the plaintiff-appellant showing their inability to produce the evidence. He failed even to examine himself by appearing as his own witness. Therefore, the appeal is without merit and is, thus, liable to be dismissed. For the reasons recorded above, this appeal fails and the same is dismissed. Appeal dismissed.