ANIL KUMAR AND ANOTHER Vs. TAHIR AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 16.12.2016 passed by Additional Civil Judge (Senior Division), Mewat, vide which, the evidence of the petitioners has been closed by the order of Court.

(2.) The respondents-plaintiffs filed a suit for declaration and permanent injunction and when it came up for hearing on 16.12016, the evidence of petitioners-defendants No.1,2 and 5 was closed by the order of Court and they could not lead their evidence because of noting down wrong date of hearing.

(3.) Learned counsel for the petitioners contends that the cost imposed upon the petitioners was duly paid and they were to lead their evidence on 16.12.2016 but as they had noted down the wrong date and could not reach the Court on the date fixed, so they could not lead their evidence. Learned counsel further contends that the petitioners are ready to conclude their evidence in a single effective opportunity and are ready to compensate the opposite part in monetary terms.