ABINASH TIWARY Vs. JAY SHRI SAH

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondent.

(2.) Petitioner happens to be the plaintiff before the learned lower Court whereas respondent is the defendant.

(3.) On account of non-appearance of defendant, vide order dated 15.02.2006, the suit fixed for ex parte hearing. On the next date i.e. 09.03.2006, defendant put his appearance with a prayer to recall the ex parte order. Hearing over said petition was deferred, during midst thereof, written statement was filed on behalf of defendant on 07.02.2008. It is further evident that learned lower Court proceeded with and lastly, on 16.06.2008, recalled the ex parte order at a cost of Rs.1,000.00. The aforesaid Rs. 1,000.00 has not yet been paid by the defendant. However, petition after petition were filed in order to erase the aforesaid condition in an alternative to reduce the amount whereupon lastly, the learned lower Court vide order dated 14/19.05.2009, which ever may as the earlier order contains overwriting over date, rejected his prayer as well as also observed that the opportunity granted by Court to the defendant at an earlier occasion should remain stale. Accordingly, witnesses were examined, who were cross-examined in terms of Order-8, Rule-10. Subsequently thereof, an amendment petition was filed on 11.12.2009 at the other end, the defendant was also directed to adduce his evidence. However, vide order dated 22.03.2010, the amendment petition was allowed at a cost of Rs.4,00.00 with a further opportunity to the defendant to file additional written statement, if he so desires. Subsequently thereof, as is evident on 06.04.2010, again a petition was filed and vide order dated 25.05.2010, it is evident that learned lower Court had reduced the amount of cost from Rs.1,000.00 to Rs.500.00, which was deposited and accordingly, by the order impugned dated 01.09.2010, the written statement has been accepted, which has been challenged on behalf of plaintiff whereupon after hearing the parties by the order impugned on 04.05.2012, the learned lower Court passed the order giving an opportunity to the defendant to cross-examine the witnesses and for that, plaintiff was directed to produce the witnesses and for the aforesaid exercise, a sum of Rs.4,00.00 has been recorded as cost.