Savitri vs Rishi Raj And Ors

Learned counsel for the petitioner submits that the first order was passed by the Civil Judge (Jr.Divn.), Bhiwani on 6.10.2018 to the following effect:-

“Present: Sh.Anil Sharma, counsel for plaintiff.

Sh.B.B.Jain, counsel for defendant No.1.

Sh.Raj Kumar, counsel for defendant No.2.

Defendant No.3 to 9 ex parte.

Today the case was fixed for evidence of defendants. At this stage, an application for leading the secondary evidence by producing the certified copy

of documents has been moved.

Keeping in view the contends mentioned in the application, the same is hereby allowed.

Now the case stands adjourned to 06.10.2018 for evidence of defendants at own responsibility.

Date of Order: 6.10.2018Â Â Â Â Â Â Â (Amit Sheoran)

Prity, Stenographer-III CJ (JD), Bhiwani

Next Date: 06.10.2018Â Â Â Â Â Â Â Â Â Â Â (UID No.HR-0430)

Purpose:__________â€​

A perusal of the aforesaid order would show that the case was adjourned to 6.10.2018 i.e. the date on which the aforesaid order was passed.

Petitioner applied for certified copy of the aforesaid order on 9.10.2018 and the copy was made available on 11.10.2018, wherein, different order

dated 6.10.2018 was recorded. No notice of the application under Section 65 of the Indian Evidence Act was ever issued.

Learned counsel further submits that the plaintiff never made any concession for not filing reply to the application and the arguments were not heard

by the Court on behalf of the plaintiff-petitioner.

In view of aforesaid, it would have been appropriate for the petitioner to approach the same Court, highlighting the incriminating facts available on

record. Since the order was passed on 6.10.2018, the petitioner is relegated to approach the same Court by way of moving an appropriate application

for recall of order in accordance with law. In case such an application is moved, the trial Court shall decide the same in accordance with law without

being influenced by any statement of fact made herein above .

Petition stands disposed of accordingly.