K.I.GLASSWARE PVT. LTD. Vs. BALJEET

JUDGEMENT

(1.) This civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 7/8/2025 passed by the learned Civil Judge (Junior Division), Rohtak, whereby the evidence of the petitioners/defendants/counter-claimants was closed by Court, except for granting an opportunity to examine DW Ramesh, subject to payment of costs.

(2.) The brief facts giving rise to the present revision are that the respondents/plaintiffs filed a civil suit for partition of the properties described in the plaint. The petitioners/defendants appeared and filed their written statement along with a counter-claim on 29/7/2019. The plaintiffs filed their replication only on 14/3/2022 after availing 13 adjournments spread over two years and eight months. Thereafter, issues were framed and the case was fixed for the evidence of plaintiffs. The plaintiffs availed 14 effective opportunities over a span of nearly three years and examined only two witnesses, whereafter their evidence was closed by Court order.

(3.) The matter was then fixed for the evidence of the defendants on 27 .05.2025. On that date, no DW was present and the case was adjourned to 10/7/2025. Again, no witness was present and the matter was adjourned to 16/7/2025 with the observation that it shall be the last opportunity. On 16/7/2025, once again no witness was examined and the matter was adjourned to 7/8/2025 subject to costs of Rs.500..00 On 7/8/2025, counsel for the defendants prayed for an adjournment on the ground that defendant No.3 Ramesh had undergone surgery and was not in a position to attend Court. The prayer was opposed by the plaintiffs. The learned trial Court, while accepting the plea partially, granted one opportunity only to examine DW Ramesh subject to the payment of earlier costs, and closed the evidence of defendants No.1, 3, 6 to 8 and counter-claimants, while specifically noting that defendants No.4, 5 and 9 had neither paid the costs imposed earlier nor produced any evidence despite the last opportunity, and therefore their evidence stood closed. The case was adjourned to 4/9/2025. On the said date, the examination-in-chief of DW Ramesh was recorded, but his cross-examination was deferred to 18/9/2025.