RAM KISHAN Vs. AVTAR CHAND AND OTHERS

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 6.8.2009, passed by the learned court below, whereby the evidence of the petitioner-plaintiff was closed by order of the Court.

(2.) Learned counsel for the petitioner-plaintiff submitted that though there is some lapse on the part of the petitioner-plaintiff in concluding his evidence, however, still for various other reasons, namely, the Presiding Officer of the Court being on leave and the interlocutory proceedings in between regarding bringing of legal representatives of the deceased on record had also hampered the process of recording of evidence. He submitted that in case one opportunity is granted, he will conclude his entire evidence. He further submitted that after passing of the impugned order, though the case was fixed for defendants' evidence, but till date the same has not started. He further submitted that it is not a case where there is some interim order passed in favour of the petitioner-plaintiff and on account of that, he is delaying the proceedings.

(3.) On the other hand, learned counsel for the respondents submitted that considering the conduct of the petitioner-plaintiff, where he has not been able to conclude his evidence in spite of grant of number of opportunities, no further opportunity deserves to be granted considering the fact that the case is unnecessarily lingering on and is causing undue harassment to the respondents. After hearing learned counsel for the parties and considering the fact that after passing of the impugned order, even the evidence of the defendants has not yet started, as a matter of indulgence and in the interest of justice, one opportunity is granted to the petitioner-plaintiff to conclude his entire evidence on the date already fixed, i.e., 16.12.2009. In case the witnesses are to be summoned through the agency of the Court, the petitioner-plaintiff may apply for the same. However, the aforesaid order shall be subject to payment of Rs. 1,000/- as cost to each of the respondents-defendants, who are 13 in number, in the petition filed before this Court. The petition stands disposed of.