SARWAN KUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By way of this petition, filed under Section 227 of the Constitution of India, the petitioner/defendant No.2 has assailed order dated 06.04.2021, vide which the Court of learned Civil Judge, Bilaspur, H.P., has closed the evidence of defendant No.2, on the ground that said defendant had failed to lead evidence despite reasonable opportunities having been granted.

(2.) I have heard learned counsel for the parties and have gone through the documents appended with the petition as well as the Zimni Orders, including the impugned order. Perusal thereof demonstrates that after the evidence of the plaintiff-bank was recorded, on 09.07.2019, the case was ordered to be listed for evidence of defendant No.2 (DWs), i.e. the present petitioner, on 21.10.2019. However, on the said date, no witness (DW) was present and accordingly, on the request of defendant No.2, the case was ordered to be listed for examination of DWs on 17.12.2019, on steps being taken within seven days in this regard.

(3.) Record demonstrates that on 17.12.2019 also, defendant No.2 failed to lead any evidence and as a matter of indulgence, learned Court below posted the case for 26.02.2020, for evidence of defendant No.2. The story was repeated on 26.02.2020 also and the matter was ordered to be listed on 04.05.2020, for recording evidence of defendant No.2 "subject to 3rd and last opportunity". However, the matter was not listed before the Court on, 04.05.2020, due to Covid-19 Pandemic and the same was listed on 30.06.2020, on which date the following order stands recorded:-