DINESH KUMAR Vs. CHETAN KUMAR

JUDGEMENT

(1.) By way of the present writ petition filed under Articles 226 and 227 of the Constitution of India, petitioner has laid challenge to the order dated 30.03.2017 whereby, his evidence has been closed by the learned Trial Court, inter alia, observing that on three earlier occasions, last opportunity was granted to him.

(2.) Mr. Matoria, learned counsel for the petitioner submits that on 30.03.2017, petitioner's counsel Mr. Keshu Lal Meena was indisposed and hence, a written application was filed by his associate, Mr. Ramesh Chand before the learned Trial Court praying for a short adjournment on account of his illness.

(3.) Mr. Matoria, submitted that the learned Trial Court has not applied justice oriented approach and has closed petitioner's evidence, which has resulted in serious failure of justice. On the other hand, Mr. Anuj Sahlot, learned counsel appearing for the respondents submitted that the petitioner had been granted as many as 15 opportunities to lead his evidence and further contended that the plaintiff's counsel, namely Mr. Ramesh Chand was very much available in the Court, for facilitating leading of the evidence.