OM PRAKASH Vs. ADDITIONAL SESSION JUDGE

JUDGEMENT

(1.) THIS petition has been filed challenging the order dt. 26.02.2009, passed by the Additional District & Session Judge (Fast Track) No. 1, Alwar (hereinafter 'the trial Court') whereby the defence evidence of the petitioner, one of the defendant in the suit before the trial Court (hereinafter 'the defendant'), had been closed. A further challenge has been made to the order dt. 25.04.2009, passed by the trial Court, wherein an application filed by the defendant for reopening the defence evidence was dismissed. Heard the counsel for the defendant as also the respondents -plaintiffs (hereinafter 'the plaintiffs').

(2.) MR . Manish Gupta, appearing for the plaintiffs, has submitted that as the pendency of the present writ petition is delaying the proceedings in the suit pending before the trial Court, he would concede to the two orders impugned being set aside subject to the petitioner defendant being visited with exemplary cost. He submits that from the orders of the trial Court, it is evident that multiple opportunities were given to the petitioner defendant to file his affidavit in evidence and yet the affidavit was not filed solely with the intent of delaying the trial in a suit filed under the Fatal Accident Act where the plaintiffs lost two children.