VIJAY BHARTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 17/12/2016, passed in Civil Suit No. 76/2013 (21/2010) (27/2010) titled as 'Vijay Bharti & Ors. vs. State of Rajasthan & Ors.', whereby the application filed by the petitioner for recalling the order dtd. 29/9/2016 and for providing opportunity to the petitioner for adducing evidence was dismissed, the petitioners have preferred the present writ petition under Article 227 of Constitution of India.

(2.) The plaintiffs-petitioners had filed a suit in a representative capacity for removal of encroachment from the public Chowk and Gali. The defendant-respondent number 3 and 4 filed separate reply and on the basis of pleadings, 7 issues were framed by the Trial Court on 25/10/2010. The defendant-respondent number 3 and 4 moved an application under Order 8 Rule 1(4) of CPC, which was allowed vide order dtd. 11/9/2015 and the matter was fixed for evidence of the plaintiffs-petitioners.

(3.) Learned counsel for the petitioners submitted that due to bonafide reasons, such as ailments/health issues of petitioner no.4 and urgent work of the counsel, the evidence could not be submitted in time. However, without following principles of natural justice and without considering the genuine difficulty of the petitioners, the learned Trial Court passed the impugned order dtd. 29/9/2016 and closed the evidence of the petitioners. It is submitted that the learned Trial Court had rejected the application of the petitioners for recalling the impugned order dtd. 29/9/2016 in a mechanical manner and closed the evidence of the petitioner without providing sufficient opportunity to the petitioners.