Ramesh Batta vs Gayasuddin And Others

Alok Kumar Verma, J

The proposed Civil Revision has been filed challenging the order dated 20.03.2024 and order dated 20.04.2024, passed by learned VIIth Additional Civil Judge, Senior Division, Dehradun in Original Suit No.62 of 2014, “Gayasuddin vs. State and Others”.

The evidence of the revisionist – defendant no.3 was closed by the trial court on 20.03.2024. A recall application was filed by him. The recall application has been dismissed on 20.04.2024.

The proposed Civil Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 93 days.

Heard Mr. Priyanshu Gairola, learned counsel for the proposed revisionist, Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for the respondent no.1 and Mr. I.P. Kohli, learned Standing Counsel for the respondent no.2.

Learned Senior Advocate submitted that the revisionist may be granted only one opportunity to conclude his evidence. However, he has requested for cost.

The Delay Condonation Application (IA No.1 of 2024) has not been opposed by the respondent no.2.

The Delay Condonation Application (IA No.1 of 2024) is allowed. The delay is condoned.

Admit.

Having heard, the revision is allowed, but on the cost of Rs.5,000/- (rupees five thousand). The impugned order dated 20.03.2024 and order dated 20.04.2024 are set aside.

The revisionist – defendant no.3 would appear for cross-examination on the date fixed before the trial court or any other date convenient to the trial court. The revisionist shall be given only one opportunity to conclude his entire evidence.

The original suit is pending since, 2014. The trial court shall endeavour to decide the said original suit as expeditiously as possible and without granting any unnecessary adjournment to either party.