ARUN KUMAR Vs. VIKAS KUMAR AGARWAL

JUDGEMENT

(1.) The present civil miscellaneous petition is taken up today through Video conferencing.

(2.) The present civil miscellaneous petition has been filed for quashing and setting aside the order dtd. 22/1/2020 passed by learned Civil Judge (Junior Division), Bokaro in Title (Eviction) Suit No.02 of 2011, whereby the learned court below has rejected the petition filed by the defendant/petitioner for recalling the order dtd. 23/11/2019 by which the evidence of the petitioner was closed and the record was fixed for argument.

(3.) The learned counsel for the petitioner submits that the plaintiff/respondent filed Title (Eviction) Suit No.02 of 2011 against the petitioner seeking decree of 'Khas' vacant possession of the suit premises. In the said case, the evidence of the plaintiff was closed on 16/6/2017 and the defendant/petitioner had produced only six witnesses out of seventeen for their examination. On 23/11/2019, the defendant/petitioner filed time petition for adducing evidence, however, the same was rejected by the learned court below and the case was fixed for argument on 2/12/2019. The defendant/petitioner filed an application for recall of the said order dtd. 23/11/2019, however, vide impugned order dtd. 22/1/2020, the said application was also rejected by the learned court below and the office was directed to fix the case on 6/2/2020 for argument on behalf of the defendant. It is further submitted that the defendant/petitioner could not adduce evidence due to some unavoidable circumstances and non-examination of the witnesses on behalf of the defendant would cause serious prejudice to his case. As such, in the ends of justice he may be permitted to adduce the evidence. It is also submitted that the real truth can be ascertained by adducing further evidence only and as such, the denial of the same will defeat his right to fair trial which is part of the fundamental right envisaged under the constitutional mandate.