Narayanlal vs Smt. Mali Devi

Bela M. Trivedi, J. - The present petition has been filed, challenging the order dated 1/12/2015 passed by the Additional Senior Civil Judge, Srimadhopur, District Sikar (hereinafter referred to as "the Trial Court") in Suit No. 71/2013, whereby the Trial Court has closed the right of the petitioner-defendant to lead the evidence.

After having heard the learned counsels for the parties, and perusing the order sheets, it appears that the petitioner was granted more than sufficient opportunities to lead the evidence, but he had failed to do so, and therefore the Court does not find any illegality or infirmity in the impugned order passed by the Trial Court. However, considering the facts and circumstances of the case, one last opportunity is granted to the petitioner to lead the evidence subject to payment of cost of Rs. 15,000/- to be paid to the respondents, in the interest of justice.

In view of the above, the impugned order dated 1/12/2015 is set aside. The petitioner is granted one last opportunity to lead the evidence subject to payment of cost as stated above. It is directed that the petitioner shall keep all the witnesses present before the Court for examination on the date that may be fixed by the Trial Court and shall examine them on day to day basis without asking for any adjournment.

Subject to the directions, the writ petition stands allowed. By this order, the stay application and other pending application, if any also stand disposed of.