WINSTON FORMULATIONS Vs. COPMED PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) THIS petition has been preferred, under Article 227 of the Constitution of India for quashing the order dated 4.2.2014 passed by the learned Civil Judge (Senior Division), Court No. 1, Paonta Sahib, District Sirmour in case bearing No. 58/1 of 2009/08, whereby he closed the evidence of the defendant.

(2.) FROM the order sheets annexed with the record, it appears that petitioner was granted opportunity to lead its evidence for the first time vide order dated 19.8.2013 whereby the defendant was required to produce its evidence on 4.10.2013. On 4.10.2013, admittedly, no witness was present nor any steps were taken to have them served and therefore, the case was adjourned to 8.12.2013 and the defendant was directed to take steps within a week.

(3.) NO doubt, the petitioner -defendant has been granted sufficient opportunities to lead its evidence.