RAVI BHALLA Vs. JUGAL KISHORE

JUDGEMENT

(1.) The petition assails the order dated 7.3.2013 passed by the trial court, vide which application under Order 16 Rule 1 read with Section 151 of the Code of Civil Procedure was dismissed.

(2.) Issues in this case were framed on 29.11.2012 and thereafter the case was fixed for the petitioner's evidence. However, inadvertently, the petitioner could not file the list of witnesses well in time. On realizing the mistake, he filed an application for depositing diet money, process fee and list of witnesses on 7.3.2013, which was dismissed.

(3.) After hearing learned counsel for the petitioner, this Court is of the opinion that the trial court should not have been so harsh in disallowing such application. The fault, if any, could be condoned by the court by awarding costs in a fit and appropriate case. Furthermore, the petitioner could have been directed to make the process fee good. In this view of the matter, the impugned order needs to be interfered with.