OM PRAKASH CHAUHAN Vs. SH. HARISH CHANDER CHAUHAN

JUDGEMENT

(1.) THIS petition is directed against the order dated 27.9.2010, whereby the evidence of the Plaintiff has been closed. From the order itself it is apparent that issues in the case were framed on 5.5.2010 and the case was listed for evidence of the Plaintiff on 9.7.2010. It appears that no steps were taken to summon the witnesses and at the request of Plaintiff, the matter was adjourned to 30.8.2010 subject to payment of Rs. 50/ - as cost. I do not understand that why the Courts should impose costs on the first date when the adjournment was requested. Thereafter the matter was posted for 30.8.2010. No P Ws were present on 30.8.2010 and again matter was adjourned subject to payment of Rs. 100/ - as cost. On 27.9.2010, no P Ws were present and the learned Court below closed the evidence of the Plaintiff.

(2.) IT is true that there should be efforts to dispose of the cases at the earliest, but one cannot sacrifice justice at the alter of disposal. There has to be a balance between the two. I am of the considered vide that no party should be condemned unheard, unless it is shown that the party is negligent or indolent.