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Judgment
[1] Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Mr. G. K. Nama, learned counsel appearing for the respondent.
[2] The order dated 13.11.2019 delivered in MS 30 of 2015 by the Civil Judge, Senior Division, Court No.2 has been challenged in this petition. The day, when the impugned order had been passed, was fixed for filing examination in chief of the defendants-witnesses as last chance and for payment of cost. But, as it is evident from the order dated 13.11.2019, the defendants failed to deposit the examination in chief of DWs and they made further prayer for extension of time for the same purpose. Such prayer was rejected by the order dated 13.11.2019 on observing as under:
In the said order it was categorically reflected that on failure of the defendants to adduce evidence today no further opportunity shall be granted to them and necessary order shall be passed for the further progress of the suit.
Hence, in view of the clear direction in the order dated 20.09.2019 I do not find any scope to grant any further opportunity to the defendants to file their examination in chief.
Moreover, the defendants have not paid the cost imposed as per order dated 20.09.2019.
Consequently, the defendants are now barred to adduce any evidence in the suit and the chapter of DWs is accordingly closed.
[3] Mr. G. K. Nama, learned counsel appearing for the respondents has apprised this court that the case is still pending as the plaintiff submitted an application seeking leave to produce one additional document in support of his claim.
[4] Be that as it may, the suit is still pending. Mr. Acharjee, learned counsel appearing for the petitioner has produced the original examination in chief supported by an affidavit in terms of the order 18 Rule 4, CPC which they received belatedly and could not submit in the court on the date so fixed.
[5] Having regard to the impediment that the defendants faced, this court is of the view that one solitary chance may be given to them to submit the examination in chief which is now in the hand of the counsel and it is ready to be submitted.
[6] Accordingly, the defendants are permitted to submit the examination in chief of DWs on the next date which has been stated to be on 10.02.2020. No further extension under whatsoever circumstances would be allowed to the defendants. This order is passed subject to payment of Rs.15,000/- within period of 15(fifteen) days from today to the counsel of the plaintiff. It is made further clear that the outstanding cost shall also be paid within the same period. If the cost is not paid within the time as stipulated, the examination in chief or the cross-examination, if any, carried out in the meanwhile, meaning before the expiry of the 15 days from today, the evidence will not be read for purpose of determining the suit.
[7] In terms of the above, the order dated 13.11.2019 whereby the defendants' evidence has been barred is partly interfered with.
In the result, this petition stands allowed to the extent as indicated above. No further notice for depositing the examination in chief in the court of the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala will be fixed.
No order as to costs.
A copy of this order be sent forthwith to the court of the Civil Judge, Senior Division, Court No.2 West Tripura, Agartala. The examination in chief for inspection is returned for filing the same before the court of the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala.