ANIL HIRA Vs. PARAS RAM

JUDGEMENT

(1.) Order dated 11.6.2018 is under challenge in this petition. The petitioner herein is defendant in the trial Court. As a matter of fact, the Civil Suit remained, listed for recording defendants' evidence on 13.9.2017, 8.11.2017, 26.3.2018 and lastly on 11.6.2018, when vide impugned order the evidence of the defendant was ordered to be closed.

(2.) True it is that on 26.3.2018, while fixing 11.6.2018, the next date for recording defendant's evidence, last opportunity for production of the evidence on self responsibility was granted. It has been submitted that the petitioner-defendant and the other witnesses to be examined by him were present in the Court, however, on the death of Shri P.S. Kanwar, a senior member of the Kangra Bar Association, the members of the Bar resolved to abstain from the Court work on that day. The resolution is Annexure A-3 to this petition. The submissions that it is for this reason the petitioner defendant could not produce the evidence are not only genuine but reasonable also. Being so, learned trial Court should have adjourned the matter to some other date for recording evidence as a special case. The impugned order in such a situation is not only harsh but oppressive also, hence deserves to be quashed and set aside.

(3.) Consequently, the petition is allowed and the impugned order dated 11.6.2018, passed by learned trial Court in Civil Suit No.140/11 is ordered to be quashed and set aside. There shall be a direction to the petitioner-defendant to produce the entire evidence at his own responsibility on a date to be fixed by learned trial Court. On his failure to produce the entire evidence the same shall stand closed automatically. The Civil Suit is already fixed on 12.7.2018 in the trial Court. Being so, an authenticated copy of this judgment be sent to learned trial Court through Fax/email for compliance. Simultaneously, hard copy be also supplied at once. The petition is accordingly disposed of.