PUNJAB KHETI CENTRE Vs. JUGAL KISHORE BHARTIYA

JUDGEMENT

(1.) M/s Punjab Kheti Centre, Abohar filed a suit for rendition of accounts against the respondents who were proceeded exparte vide order dated 10.11.1991. After the issues had been framed, the Plaintiff availed several opportunities but did not examine any witness. On 10.2.1993, finding no justification for further adjournment the trial Court closed evidence of the plaintiff by order and dismissed the suit. Appeal thereagainst was dismissed by the District Judge on 21.10.1993 by holding that the plaintiff had been afforded few opportunities but he failed to produce the evidence and the trial Court rightly closed the evidence of the Plaintiff. Aggrieved thereagainst the plaintiff filed the present appeal.

(2.) On notice of motion having been issued, Respondent-defendant No. 1 put in appearance. Defendant No. 2 however, did not put in appearance and was proceeded ex parte.

(3.) Learned counsel for the petitioner submitted that Thakar Dass, partner of the plaintiff firm through whom the suit had been filed met with an accident in October, 1992 and he was lying in the bed with plaster from leg to chest and, therefore, he was prevented by sufficient cause in not appearing in the Court on 10.2.1993 when the trial Court closed the evidence of the plaintiff by order and dismissed the suit. It was further submitted that a medical certificate showing the factum of accident had been produced in the Court below but the same was not taken on the record. In the situation, it was submitted that the Plaintiff-appellant be afforded an opportunity to produce its entire evidence on a date that may be fixed by this Court subject to payment of heavy costs. It was further submitted that no justice would be done to defendants as they had been proceeded exparte and were not represented by counsel in the trial Court though one of them has put in appearance in this appeal.