OM PRAKASH SHARMA Vs. RAMDUTT

JUDGEMENT

(1.) HEARD Mr. R.K. Agarwal for the revision petitioners and Mr. K.K. Sharma for the non-petitioners. This is a revision application against an order closing the evidence of the defendants after giving 19 opportunities to lead evidence to the defendants. The conduct of the defendants can be said to be grossly negligent. However, looking to the nature of the suit in which a claim for Rs. 30,000/- as damages for having allegedly falsely implicated the plaintiffs in a Criminal Case in respect of murder of the petitioners' father, I am of the opinion that one more opportunity can be given to the petitioners to lead their evidence. The petitioners have also stated in their application before the trial Court that one of them was a member of Legislative Assembly and the other was a business man remaining out of the town. Under such circumstances, it would be appropriate to close the evidence even after 19 adjournments granted by the Court. The loss caused to the other side can be compensated by cost.

(2.) I would, therefore, allow this revision petition, set-aside the order closing evidence of defendants on payment of Rs. 500/- as cost payable on 14.9.1998, before the trial Court and direct that the parties shall appear before the trial Court on 14.9.1998. On that date the trial Court shall fix a date for taking evidence of the defendants and their witnesses and the petitioners-defendants shall be bound to get themselves and their witnesses examined on the day fixed by the trial Court. No further adjournment shall be given in the case and if witnesses are not kept present on that date and/or if the defendants don't remain present on that day, their evidence will be closed. If evidence is not complete in one day the case be kept continuously on every subsequent day till the evidence is over. This order shall not be treated as a precedent for any purpose because purely on the facts of this case the above order is being passed. With these observations, the revision is disposed of. Revision allowed.