Abdul Latif vs Chief Executive Officer And Others

Alok Awasthi, J

Heard on the question of admission.

In this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 25.11.2025 (Annexure P/1), passed in RCS- A No. 668/2023 by the VIth Civil Judge, Senior Division, District Ujjain (M.P.), whereby the learned Judge has closed right of the petitioner to lead the evidence.

Learned counsel for the petitioner submitted that by passing the impugned order, closing the petitioner's right to lead evidence is illegal, arbitrary, harsh, and contrary to the settled principles of law. The petitioner is a senior citizen aged about 72 years, and due to his deteriorating health condition, he could not remain present before the Trial Court. He also submitted that the closure of the petitioner's evidence, despite a justified and genuine request for adjournment under Order XVII Rule 1 of CPC, has resulted in grave prejudice to her rights and has virtually deprived her of fair opportunity to present her case, which is impermissible in law. In such a situation, he prays that opportunity may be granted to lead the evidence to the petitioner..

In reply, learned counsel for the respondent opposes the prayer and prays for dismissal of the petition.

Heard the learned counsel for the parties and perused the record.

Though, it does appear that the case was filed in the year 2023 and from 11.02.2025, it was being listed for petitioner's evidence. During this period, petitioner has sought for stay on seven times at the stage of evidence. Further, on 13.11.2025, with cost of Rs.1,000/- stay was granted, failing which, suit would be dismissed under Section 35B of CPC as in earlier occasion also, the petitioner did not deposit the cost, but by adopting lenient and liberal view considering the petitioner's age and health condition, the petitioner deserves one more opportunity to lead evidence.

In view of the above, the impugned order dated 25.11.2025 is hereby quashed. The application filed under Order XVII Rule 1 of CPC is allowed. The Trial Court is directed to grant one opportunity to the petitioner to adduce the evidence to the petitioner on a date to be fixed by the Trial Court. It is made clear that if the petitioner fails to adduce evidence on the date fixed by the trial Court, the right to lead evidence shall stand closed automatically and no further adjournment shall be granted to the petitioner.

Accordingly, the petition stands allowed and disposed of.