MAHARANA MAHENDRA SINGH Vs. ARVIND SINGH & ORS

JUDGEMENT

(1.) Petitioner-plaintiff has preferred this writ petition to challenge the order dated 6 th of April 2015 passed by learned Additional District Judge No.2, Udaipur (for short, 'Court below'), whereby learned Court below has rejected his application under Order 16 Rules 1 & 6 read with Section 151 CPC.

(2.) The bare necessary facts, for the purpose of this petition, are that petitioner instituted a suit for partition before learned Court below, which is pending since 1986.

(3.) In terms of the pleadings of rival parties, learned trial Court settled 14 issues on 28th July, 2012. Subsequently, an endeavour was made by second respondent to seek amendment in issues and also made endeavour for impleadment of party-defendant under Order 1 Rule 10 CPC. That apart, certain applications were also laid at the behest of the petitioner. Ultimately, after decision on all the applications, matter was fixed for recording evidence of petitioner-plaintiff on 6th of March, 2014. From 6th of March, 2014 to 28th of January, 2015, matter was deferred on one pretext or other and the evidence of the petitioner-plaintiff was not recorded. In the interregnum, petitioner also moved an application under Section 65 of the Evidence Act, but the same was rejected by the learned Court below, and aforesaid order of the learned Court was affirmed by this Court also. It appears that neither the petitioner himself appeared in the witness-box, nor examined any of his witness, therefore, learned Court below closed his evidence on 28th January, 2015. Feeling aggrieved by aforesaid order of learned Court below, petitioner approached this Court by way of filing S.B. Civil Writ Petition No.1480/2015. This Court, after bipartite hearing, decided the said writ petition on 13th March, 2015. Operative portion of the order reads as under :-