STATE OF RAJASTHAN Vs. UMA SANGHI

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 8/8/2024 passed by Additional District Judge No.3, Udaipur in Civil Original Suit No.36/1996 whereby the application under Order 18 Rule 3 read with Sec. 151, CPC as preferred on behalf of the plaintiff has been rejected.

(2.) Counsel for the petitioner submits that earlier vide an elaborate order dtd. 29/3/2022, the rebuttal evidence of the plaintiff was kept reserved by the Court. Therefore, on 29/4/2024, when the defendants' evidence was closed, the matter automatically ought to have been posted for the plaintiff's rebuttal evidence. The same not been done, counsel for the plaintiff also not being aware of the earlier order dtd. 29/3/2022, could not make a prayer for leading of the rebuttal evidence.

(3.) Learned counsel further submits that the order dtd. 29/3/2022 was even put to challenge by the defendants vide a writ petition before this Court (S.B. Civil Writ Petition No.7510/2022) which remains pending as of date. However, no interim order was passed in the said writ petition. Therefore, vide order impugned dtd. 8/8/2024, learned Court has virtually recalled the order dtd. 29/3/2022 which it could not have done.