Akash Boot House and Others vs Mam Raj Ramesh Chand Aggarwal

Deepak Gupta, J.—This petition is directed against the order dated 4th June, 2011 whereby the right of the Petitioners-Defendants to lead evidence has been closed by the order of the Court.

The undisputed facts are that the suit in question was filed in the year 2002 and the evidence of the Plaintiff was closed on 25.4.2011. Thereafter the matter was fixed on 19.5.2011 for Petitioners-Defendants'' evidence, but no evidence was produced on 19.5.2011 and then the matter was adjourned to 4.6.2011 on which date the evidence of the Petitioners-Defendants was closed without giving notice on this aspect of the matter.

I am of the opinion that one more opportunity should be granted to the Petitioners-Defendants to lead evidence. Therefore, the impugned order is set aside. The Defendants shall file list of witnesses if not already filed on or before 11th July, 2011 on which date the parties are directed to appear before the learned Trial Court. The learned Trial Court shall then fix the matter in the month of August, 2011 for the evidence of the Petitioners-Defendants. It shall be the duty and responsibility of the Petitioners-Defendants to take dasti summons to serve their witnesses. In case witnesses are not served, then no further opportunities shall be granted. In case the witnesses are served and are present, they shall be examined. In case witnesses are not present despite service, then the Court may take coercive steps for procuring their presence.

Mr. G.C. Gupta, Sr. Advocate submits that the Petitioners-Defendants want to file additional documents. At this stage, this Court cannot pass any order on the same. It is for the Defendants to move an appropriate application and if such an application is moved on or before 11th July, 2011, the learned Trial Court shall decide the same in the month of July, 2011 itself.

The petition is disposed of in the aforesaid terms. No costs.