KRISHNA THAKUR Vs. SURAT RAM

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioners have challenged order dated 09.01.2019, passed by the Court of learned Civil Judge, Court No. 3, Shimla, District Shimla, HP, in Civil Suit No. 288-1 of 2018/09, vide which, the right of the present petitioners to lead evidence has been closed on the ground that despite eight opportunities having been granted to the defendants, they failed to produce their entire evidence.

(2.) I have heard learned Counsel for the parties and also gone through the impugned order as well as documents appended with the petition.

(3.) A perusal of the documents appended with the petition demonstrates that the evidence of the plaintiff was ordered to be closed by learned Trial Court on 16.08.2017 and thereafter, the matter was listed on 05.12.2017 for the purpose of recording the evidence of the defendants. On the said date, neither any D.W. was present nor any steps were taken by the defendants to summon any witness.