RAJASTHAN EXPLOSIVES AND CHEMICALS LIMITED THROUGH DIRECTOR PROMOTER MANAGEMENT Vs. GOPAL MODI S/O SHRI MOHANLAL JI PROPRIETOR, JAIPUR EXPLOSIVES AND ANR.

JUDGEMENT

(1.) ADMIT .

(2.) HEARD learned Counsel for the parties. Plaintiff -respondent No. 1 filed a suit for recovery of a sum of Rs. 22,47,080/ - against the defendant -petitioner in the trial court in 2004, wherein the plaintiff's evidence was closed on 1st May, 2007, and the case was fixed for defendant's evidence for 11th May, 2007. The defendant filed an affidavit of Sawai Singh on 21st May, 2007. The case was adjourned for 21st May, 2007 and on that date an application under Order 16 Rule 1 CPC was filed, which was allowed and the order was passed to summon three witnesses. The case was adjourned for 3rd July, 2007, then for 12th July, 2007 and 21st July, 2007, but no witness was examined on behalf of the defendants.

(3.) THE said order is under challenge in this writ petition preferred on behalf of the defendant. The learned Counsel for the petitioner contended that his one witness was not well, therefore, the application was moved which should have been allowed by the trial court but the application was wrongly dismissed, therefore, one more opportunity may be granted to the defendant to produce his witness.