BRIJ KUMAR Vs. RAMESH KUMAR

JUDGEMENT

(1.) By way of this petition, petitioner has assailed the order passed by the Court of learned Senior Civil Judge, Nahan, District Sirmaur, H.P, dated 22.04.2019, vide which the suit has been dismissed for non prosecution on the ground that despite reasonable opportunities having been granted to plaintiff to lead evidence, plaintiff has failed to do so.

(2.) Learned counsel for the petitioner submits that the order per se is not sustainable as on the date previous to passing of the impugned order when the matter was listed before the Court on 10.04.2019, the following order was passed:-

(3.) Learned counsel for the respondents submits that the facts as stands narrated by learned counsel for the petitioner cannot be disputed because it is a matter of record that on 10.04.2019, the case was ordered to be listed on 22.04.2019, for the purpose of framing of issues.