SURAJ PARKASH SINGH Vs. SHIVRAJ SINGH AND OTHERS

JUDGEMENT

(1.) PLAINTIFF Suraj Parkash Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 10.04.2013 (Annexure P -1) passed by the trial court, thereby closing evidence of the plaintiff by court order. I have heard counsel for the petitioner and perused the case file.

(2.) COUNSEL for the petitioner contended that the petitioner's witnesses had been appearing in the Court and their examination -in -chief was recorded, but their cross -examination was deferred on the request of counsel for the defendants/respondents, and therefore, another opportunity should be granted for appearance of the plaintiffs witnesses including plaintiff for their cross -examination. Reference in this regard was made to orders dated 30.10.2011, 02.03.2012 and 27.03.2012 passed by the trial court, as reproduced in the revision petition. It was also argued that on 21.02.2013, the plaintiff and his counsel noted the next date of hearing as 16.05.2013, but the case was taken up on 10.04.2013 and on that day, plaintiff and his counsel were not present in the trial court and in their absence, impugned order (Annexure P -1) was passed.

(3.) PERUSAL of impugned order reveals that counsel of the plaintiff was present on 10.04.2013 when the impugned order was passed. Consequently, merely on the basis of affidavit of the petitioner that his counsel was not present in the trial court, this plea cannot be accepted. On the other hand, perusal of the zimni orders of the trial court, as reproduced in the revision petition, reveals that on 21.02.2013, the case was adjourned to 16.03.2013. Perusal of order dated 16.03.2013 reveals that counsel of both the parties were present on that day and the case was adjourned to 10.04.2013. Even on 10.04.2013, counsel for both the parties were present. Consequently, the plea that counsel for the plaintiff was not present in the trial court on 16.03.2013 and 10.04.2013 cannot be accepted. There is also no affidavit of counsel representing the plaintiff in the trial court that he was not present in the trial court on 16.03.2013 or 10.04.2013.