Ansuiya Educational Society Through Its Ar Shri Ajeet Singh vs Megha

Rajneesh Kumar Gupta, J

This hearing has been conducted through hybrid mode.

This is a petition filed on behalf of the petitioner under Article 227 of the Constitution of India, 1950 assailing the order dated 11th July, 2024 passed by the trial court in CS bearing no. 636/2019, whereby the evidence of the petitioner/plaintiff has been closed.

I have heard the learned counsel for the parties.

Record perused.

Learned Counsel for the petitioner has argued that the witness, who was required to be examined in the case, has gone outside Delhi to attend the last rites ceremony of a family member. It is further submitted that the evidence by way of an affidavit has already been filed and the petitioner should be granted one more opportunity to lead evidence in the interest of justice.

Per Contra, learned Counsel for the respondent submits that despite grant of ample opportunities, the petitioner failed to conclude his evidence and, therefore, the trial court has rightly closed the petitioner’s evidence.

Keeping in view the facts and circumstances of the case, this Court is of the opinion that it is in the interest of justice that one more opportunity be granted to the petitioner to complete his evidence, as the respondent can be compensated by way of costs. Accordingly, one more opportunity is granted to the petitioner to complete his evidence, subject to payment of costs of Rs. 5,000/- to the respondent.

The petition is disposed of in the above-stated terms. Pending application(s), if any, also stand disposed of.