RAMDAS Vs. ADDI DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the parties. In the present writ petition bearing No.6242/2009, filed on 18.05.2009, the plaintiff-petitioner has challenged the impugned order dated 07.03.2009, whereby the learned trial Court allowed the application submitted by the defendant Nos.1 to 5 for permitting the defendant No.1 to appear and lead evidence.

(2.) THE back-ground in which this petition came to be filed, as would be seen from the earlier order-sheet dated 29.05.2009 recorded by this Court is that vide order dated 18.10.2001, which is available on record in the order-sheet supplied by the learned counsel for the respondents, the defendant Nos.1 and 2 had submitted before the learned trial Court that the defendant Nos.1 and 2 do not wish to lead any evidence. THE case was then posted for the evidence of the defendant Nos.3, 4 and 5.

(3.) THERE are, however, certain subsequent important events, which are required to be mentioned here. After allowing the application on 07.03.2009 the defendant No.1 filed her affidavit and the plaintiff-petitioner cross-examined her on 15.04.2009 on the said affidavit without having challenged the order dated 07.03.2009 in any proceedings in a higher forum and the case was posted on 24.04.2009 for the plaintiff's rebuttal evidence on the request of the counsel for the plaintiff.