NARENDRA KUMAR SOMANI Vs. MURLIDHAR YADAV & ANR

JUDGEMENT

(1.) Aggrieved by the order dated 8.5.2012, passed by the Addl. Civil Judge (JD), No.5, Metropolitan, Jaipur, whereby the learned Magistrate has declined to re-open the evidence of the petitioner-plaintiff, the petitioner has approached this Court.

(2.) The brief facts of the case are that the petitioner, Mr. Narendra Kumar Somani, filed a suit for permanent injunction against the respondent-defendant, Mr. Murlidhar Yadav. During the trial, on 1.10.2010, the petitioner-plaintiff's evidence was closed. However, the petitioner had filed an application for re-opening his evidence. By order dated 11.2.2011, the learned trial court re-opened the petitioner's evidence at the cost of Rs. 500/-. However, even after re-opening the evidence, the petitioner time and again failed to produce his evidence of many occasions. Lastly, on 19.7.2011, the learned Magistrate closed the evidence of the petitioner. Thereafter, the petitioner moved an application for re-opening his evidence. The learned Magistrate, by order dated 8.5.2012, dismissed the said application. Hence, this petition before this Court.

(3.) The learned counsel for the petitioner has pleaded that on 19.7.2011, last opportunity was granted to the petitioner to produce his evidence. Since petitioner's wife fell ill, therefore, the petitioner could not appear before the court. Hence, again last opportunity should be given to him to produce evidence.