DAMODAR SHARMA Vs. BHAGAT RAM AND OTHERS

JUDGEMENT

(1.) The petitioner-plaintiff (hereafter 'the plaintiff') is aggrieved of the order dated 22-11-2017 passed by the Additional District Judge No.8, Jaipur Mahanagar in Suit No.122/2014 closing his evidence as also the order dated 10-4-2018 dismissing his application for recall of the order dated 22-11-2017.

(2.) Heard counsel for the plaintiff and perused the impugned orders dated 22-11-2017 and 10-4-2018 passed by the trial court.

(3.) A perusal of the impugned order 22-11-2017 indicates that on the said day a Commissioner was appointed by the trial court for recording evidence of the plaintiff's son Girraj, but Girraj yet left the court without good cause or any prior information to the court. In the circumstances, considering the inexcusable conduct of the witness verging on contempt of court plaintiff evidence was closed and the case was fixed for defendant's evidence on 18-12-2017.