HEERA LAL Vs. ADDITIONAL DISTRICT & SESSIONS JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the defendant-petitioner has beseeched to quash and set-aside the orders dated 21.9.2011 and 21.3.2012, whereby the learned Additional District Judge Sambharlake, District Jaipur closed the evidence of the defendant-petitioner and further dismissed the application of the defendant-petitioner for re-opening his evidence respectively.

(2.) SHORN of unnecessary details, the facts of the case are that the plaintiff-respondent no.2 filed a suit for declaration, permanent injunction, cancellation of Will as well as declaration of mutation dated 29.11.1999 as null and void against the defendant-petitioner in the court of Additional District Judge, Sambhar Lake, District Jaipur. During the pendency of the suit, the defendant-petitioner was granted ample opportunity, but he did not produce any evidence in support of his case and repeatedly implored for adjournments just with a view to procrastinate the trial of the suit. Finally the learned trial court closed the evidence of the defendant-petitioner on 29.1.2011. The defendant-petitioner filed an application imploring the court that in the interest of justice, the order dated 29.1.2011 may be recalled and he may be granted one and the last opportunity to produce evidence in support of his case. The learned trial court dismissed this application also on 21st March, 2012. Hence, this writ petition.

(3.) THIS petition has been filed under Article 227 of the Constitution of India. In the case of Shalini Shyam Shetty and Another Versus Rajendra Shankar Patil reported in (2010) 8 Supreme Court Cases 329, their Lordships of Hon'ble Apex Court have held that the power under Article 227 of the Constitution of India is a reserved and exceptional power for judicial intervention to be exercised not merely for the grant of relief in any even of the case, but only to be directed for the promotion of public confidence in the administration of justice. It has been held that the power is unfettered, but subject to high degree of judicial discipline and interference is to be kept at the minimum."