MURLIDHAR Vs. PITAMBAR

JUDGEMENT

(1.) THE present petition has been filed by the petitioners-plaintiffs challenging the order 24.1.2011 passed by the Civil Judge, (JD) Kishangarhbas, Alwar (hereinafter referred as the "trial court") in the Civil Suit No.131 of 1994, whereby the trial court had closed the right of the petitioners-plaintiffs to lead evidence, and also challenging the order dated 29.3.2011 passed by the trial court rejecting the application of the petitioners for reopening their evidence.

(2.) IN the instant case, it appears that though the petitioners-plaintiffs were given sufficient opportunity to lead their evidence, they did not examine the witnesses and when the court had granted the last opportunity to keep the witnesses present on 24.1.2011, the petitioners failed to produce any witness and therefore the trial court closed the right of the petitioners to lead evidence. Subsequently, the petitioners submitted an application for reopening of their evidence on the ground that on 24.1.2011, the brother-in-law of one of the petitioners had suffered brain hemorrhage, who subsequently expired and therefore petitioners could not examine the witnesses on 24.1.2011. The said application has been rejected by the trial court by the impugned order dated 29.3.2011.

(3.) IN view of the above, the impugned orders dated 24.1.2011 and 29.3.2011 passed by the trial court are set aside. The petitioners-plaintiffs are given last opportunity to produce the witnesses on the date that may be fixed by the trial court in the first week of September,2012, subject to payment of cost of Rs.5,000/- to be paid to the respondents. It is clarified that if the petitioners do not examine the witnesses on the date fixed by the trial court, the trial court shall be at liberty to proceed with the suit in accordance with law. Petition stands allowed accordingly.