RAM PHAL Vs. RANGOLI BUILTECH PVT. LTD.

JUDGEMENT

(1.) THIS regular second appeal has been filed by Ram Phal and another plaintiffs/appellant for setting aside the impugned judgment/degree dated 26.2.2008 passed by the learned Civil Judge (Junior Division), Sonepat as well as the judgment/decree dated 28.5.2008 rendered by the Court of learned Additional District Judge, Sonepat.

(2.) LEARNED counsel for the appellants has strenuously urged that the courts below have gravely erred in rejecting the prayer of the appellants for granting one more opportunity to the plaintiffs/appellants to lead their entire evidence by giving a go by to the doctrine of interest of justice. He further contended that on 25.4.2006 the issues in this case were framed. The case was fixed for 12.6.2006 for evidence of the plaintiffs/appellants. Since no evidence was present on that day, the case was adjourned without any protest from other side to 3.10.2006 and then to 5.1.2007, which was declared as holiday and then it was fixed for 3.5.2007, 20.9.2007, 14.2.2008, 26.2.2008 for evidence of the plaintiffs/appellants. It was on 26.2.2008 when the plaintiffs/appellants were sitting on the seat of their counsel, their case was taken up and impugned order closing their evidence was passed by calling in aid the provisions of Order 17 Rule 3 of CPC. He contends that no party should suffer because of the fault of his/her counsel. As such, the courts below ought to have given one more opportunity to the plaintiffs/appellants to lead their evidence. Lastly, he submits that to safeguard the ends of justice, an opportunity may be provided to the plaintiffs/appellants to lead their evidence by mulcting them with reasonable costs in view of the observations made by this Court in re : Pardeep and another v. Kela Devi and another, 2006(2) RCR(Civil) 256 : 2006(2) Latest Judicial Reports 270.

(3.) COURT may proceed nothwithstanding either party fails to produce evidence, etc. - Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the Court may, notwithstanding such default, - (a) if the parties are present, proceed to decide the suit forthwith; or (b) if the parties are, or any of them is, absent, proceed under rule 2."