JAI SINGH Vs. HANUMAN SINGH

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner challenging the order dt. 6.4.2013 passed by the trial Court in Civil Case No. 01/2011 whereby the application filed by the plaintiff for producing the evidence was rejected by the trial Court. It is submitted by the learned counsel for the petitioner that the affidavits of all witnesses have already been submitted and only evidence has not been recorded. He further submits that on the wrong premise of the learned counsel for the petitioner in the trial Court, evidence was closed because the learned counsel said before the trial Court that evidence on behalf of the petitioner is not required while it was not intended to be conveyed like that. He submitted that on account of mistake of counsel the petitioner should not suffer. He further submits that in the interest of justice, one last opportunity may be granted to the petitioner by imposing a cost so that he can produce his witnesses to give evidence on a single day i.e. On 6.8.2013 as the next date fixed before the trial Court is 6.8.2013. It is also submitted that the evidence of the petitioner has already been recorded but the evidence of the witnesses are to be recorded for which affidavits have already been submitted.

(2.) HOWEVER , learned counsel for the respondent seriously objects for granting last opportunity to the petitioner to produce his evidence as number of dates have already been granted by the trial Court and at the request of the learned counsel for the petitioner appearing in the trial Court, the evidence was closed and now the petitioner cannot seek such shelter for producing his evidence. However, he submits that in case, last opportunity is granted, heavy cost should be imposed upon the petitioner.

(3.) THE trial Court is directed to grant one last opportunity to the petitioner to produce all his witnesses to give evidence before the trial Court on the next date fixed i.e. 06.08.2013. The petitioner is directed to pay cost of Rs. 7,500/ - which shall be paid to the respondents on or before the next date fixed. However, in case, the petitioner still avoids the evidence the trial Court would be at liberty to decide the case in accordance with law. With the aforesaid directions, the writ petition is disposed of. The stay application also stands disposed of.