KASAM Vs. JAKIR HUSSAIN

JUDGEMENT

(1.) Petitioner has laid challenge to the order dated 31.08.2018 passed by the Civil Judge (Junior Division) Mewat vide which the application for leading evidence/additional evidence after setting aside the order dated 10.08.2018 passed by the trial Court was accepted thereby giving one and final opportunity to the defendant to lead his evidence.

(2.) Perusal of the record would show that vide order dated 09.02.2018, the trial Court adjourned the case for defendant's evidence at his own responsibility for 16.03.2018. On 16.03.2018, similar order was passed and the case was adjourned for 30.03.2018. The case was thereafter adjourned to 27.04.2018 i.e. the date on which cost(s) of Rs.800/- was imposed upon the defendant and last opportunity was ordered to remain intact.

(3.) Perusal of the record would further show that the aforesaid cost(s) was not paid on the adjourned date i.e. on 25.05.2018 and further cost(s) of Rs.1500/- was imposed to be deposited in DLSA. However, the amount of cost(s) was not paid on the adjourned date and the trial Court further granted last opportunity subject to imposition of further cost(s) of Rs.500/- thereby making the total cost(s) of Rs.2000/- to be deposited in DLSA. Last opportunity was granted for 10.08.2018. On 10.08.2018 also neither the cost(s) was paid, nor any evidence was brought by the defendant. The trial Court after noticing some incriminating facts closed the evidence of defendnat by order of the Court and framed issued.