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Judgment
13 paragraphs · 202 wordsSanjay K. Agrawal, J
By the impugned order dated 23.07.2018 (Annexure - P/4), the application filed by the petitioners / plaintiffs under Order 17 Rule 1 of CPC has
been rejected and plaintiffs' opportunity to lead evidence has been closed by the trial Court. Questioning that order this writ petition has been
preferred.
Learned counsel for the petitioners / plaintiffs submits that on 23.07.2018 the plaintiffs' witness Ramesh Kumar could not appear before the trial
Court as his sister fell ill therefore, an opportunity be granted to lead plaintiffs witness Ramesh Kumar.
I have heard learned counsel for the petitioners.
Taking into consideration the reasons assigned by the plaintiffs and that his opportunity to lead evidence is closed, this Court is of the considered
opinion to grant one more opportunity to the plaintiffs to lead evidence subject to payment of cost of Rs. 2000/- to the defendant No. 1 payable on the
next date of hearing. The plaintiffs will keep their witness Ramesh Kumar present tomorrow and he will be examined and cross-examine tomorrow
and no further adjournment shall be granted.
With the aforesaid observation, the writ petition stands finally disposed of. No cost(s).
Certified copy today.