DR. SURESH YADAV Vs. SANJAY KUMAR & ORS.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner feeling aggrieved by the order dated 14th Jan., 2016 passed by the learned Additional District Judge No. 3, Bharatpur whereby the application filed by the petitioner for reopening his evidence has been dismissed.

(2.) It is submitted by the learned counsel for the petitioner that the case was fixed before the learned trial court for evidence of the petitioner on 5th Aug., 2015. On 4th Aug., 2015 the petitioner had taken his wife, who was suffering from cancer, to Rajiv Gandhi Cancer Institute & Research Center Hospital, New Delhi where her chemotherapy was done. In these circumstances, the petitioner was busy in attending his ailing wife and could not appear before the court on 5th Aug., 2015. However, the learned court below on flimsy grounds closed evidence of the petitioner. The petitioner on 7th Aug., 2015 filed an application for reopening his evidence, the same has been dismissed by the trial court by the impugned order. It is further submitted that ultimately, on 24th Aug., 2015 the wife of the petitioner died on account of her illness. On the basis of above stated facts, learned counsel for the petitioner has submitted that there has been a genuine cause with the petitioner for not producing his evidence on 5th Aug., 2015 and thus, the orders passed by the learned trial court on 5th Aug., 2015 closing evidence of the petitioner and dismissing application for reopening his evidence are bad in law.

(3.) Learned counsel for the respondents although has not controverted the fact situation as narrated by the learned counsel for the petitioner but has submitted that on earlier occasions also, the petitioner did not produce his evidence.