LAWS(HPH)-2016-11-98

KARAM CHAND Vs. PREM SAGAR MARWAH

Decided On November 03, 2016
KARAM CHAND Appellant
V/S
Prem Sagar Marwah Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order passed by the learned Civil Judge (Senior Division), Kullu, District Kullu, on 30.06.2016 (for short 'impugned order') whereby the evidence of the petitioner came to be closed by order of the Court.

(2.) It is not in dispute that the petitioner has already been granted as many as five opportunities. However, his explanation for not leading evidence on the date fixed was that his mother, who is more than 100 years old, was seriously ill and as such he stayed at Mandi to look after her and was, therefore, unable to appear before the Court.

(3.) A perusal of the order passed by the learned Court below would go to show that the version put-forth by the petitioner for not leading his evidence was not even doubted by the Court, yet his evidence was closed only on the ground that as many as five opportunities had already been granted to him to lead his evidence and despite this he had not led his evidence even though the order had been made subject to cost of Rs. 1,000/-.