RAM KARAN Vs. SEWAL MOHAMMAD AND ANR.

JUDGEMENT

(1.) THIS petition is directed against the order dated 22.3.2010 passed by the learned District Judge, Sirmaur, whereby the evidence of the plaintiff has been closed by the order of the Court.

(2.) THE plaintiff filed a suit in the Court of the District Judge, Sirmaur. It appears that after issues were framed some application under Sections 63 and 66 of the Indian Evidence Act was filed. On 26.6.2008 the case was listed for evidence of the plaintiff on 9.9.2008. On 9.9.2008 no PWs were present or summoned nor steps were taken. Adjournment was prayed for which was allowed and the case adjourned to 16.10.2008 on which date the defendant's witnesses were also summoned. On 16.10.2008 defendant's witnesses were present but the evidence of the plaintiff was not present and the case was again adjourned at the request of the plaintiff to 26.11.2008. On this date the Presiding Officer was on leave and the case was listed for proper orders on 5.12.2008. On this date the matter was adjourned to 19.2.2009. Two witnesses of the plaintiff were examined and the statement of one witness was tendered by way of affidavit. Counsel for the defendant sought adjournment to cross -examine the said witness and the case was adjourned to 24.3.2009.

(3.) THE learned trial Court has in fact been more than liberal in granting adjournments. I find that this is not a fit case where any further adjournment could be granted. The petition is accordingly rejected. No order as to costs.