NIKHIL ADHESIVES LTD Vs. RANJEET KUMAR AGARWAL

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) INSTANT writ petition has been filed by the petitioner under Article 226 & 227 of the Constitution of India with the prayer to quash the order dated 26.07.10 passed by Additional District Judge No.2, Jodhpur in Civil Original Case No. 142/06 whereby, the trial court closed the opportunity to lead evidence to petitioner defendant.

(3.) FROM bare reading of above provision, it is abundantly clear that the procedure laid down under Order 16 Rule 10 CPC is not mandatory in nature because there is discretion left with the Court in the facts and circumstances of particular case. Herein this case, upon prayer made by the petitioner, summons were issued to secure presence of witness because inspite of granting several opportunities to the petitioner defendant, the said witness was not produced by the petitioner defendants, then while exercising discretion, the Court proceeded under Order 16 Rule 10 CPC, therefore, it cannot be said that order impugned is illegal, more so the trial court granted reasonable opportunities to produce witness in the court.