VIJAY KUMAR Vs. ROOP LAL KOUNDAL

JUDGEMENT

(1.) The learned counsel, for the plaintiff/petitioner herein, submits, that, on 31.7.2019, upon, Civil Suit No. 136/10, of, 2015, coming up, before the learned trial Judge concerned, yet, the defendant, omitting, to, take the requisite completest steps, for, ensuring adduction, of, his evidence, upon, the relevant issues. He further submits that, despite, the learned trial Judge concerned, also prior thereto, affording opportunities, for the afore purpose, to the defendant, yet, he failed to avail, the, afore granted opportunitie(s) and, hence he seeks a pronouncement being made, upon, the learned judge, to, not afford any further opportunities. However, since, the, order, as, made, on, 27.8.2019, is, not under challenge, (i) thereupon, without any challenge being cast thereto, it would be inappropriate, to, interfere with the process, engaged into, by the learned trial Judge concerned, appertaining to grant of adjournments, by him, for the relevant purpose, (ii) as, the relevant thereto reason, which may have been argued, before the learned trial Judge concerned, and, on anvil thereof, he became objectively satisfied, to, grant an adjournment, is, not contended to be stained, with, an aura, of, malafide, (iii) hence no per-emptory mandate, can be rendered, by this Court, vis-a-vis, the learned trial Judge concerned, to, not grant any further adjournment, for, the relevant purpose, (iv) as, thereupon, despite sufficient reasons prevailing, upon, the defendant, to, omit, to, take the relevant steps, for, the relevant purpose, he yet may be precluded, to canvass, and, agitate, them, and, also the learned trial Judge concerned, may untenably be precluded, to make any appropriate order, hence thereon, (v) whereupon his defence, may be, prejudiced or may untenably become, the, ill casuality.

(2.) In view of the above observations, the petition is disposed of. However, in the interest of justice, the learned trial Judge concerned, is, directed to ensure that, after 24.9.2019, upon, the defendant, failing to adduce his evidence, he may not permit, any, further opportunity, to the defendant, for, the relevant purpose. All pending applications, if any, also stand disposed of.

(3.) Any observation made herein above shall not be taken as an expression of opinion on the merits of the case, and, the learned the learned trial judge concerned, shall decide, the matter uninfluenced, by any observation, made hereinabove.