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Judgment
7 paragraphs · 228 wordsSanjay K. Agrawal, J
By the impugned order dated 26/03/2019 passed in Civil Suit No. 19- A/2019, petitioners'/plaintiffs' application for taking list of witnesses on record has been dismissed only on the ground that the High Court vide order dated 26/03/2019 had directed to dispose of the matter expeditiously.
Learned counsel for the petitioners/plaintiffs submits that no sufficient and valid cause has been shown by the learned trial Court for not taking the list of evidences on record and therefore, the order impugned is liable to be set aside.
I have heard learned counsel for the parties, considered their submissions and went through the records with utmost circumspection.
Taking into consideration that the civil suit is at its initial stage and fixed for plaintiffs' evidences, the impugned order dated 26/03/2019 rejecting the petitioners'/plaintiffs' application under Order 16 Rule 1 (3) of C.P.C. is set aside and the application filed by the plaintiffs/petitioners under Order 16 Rule 1 (3) of C.P.C. on 25/03/2019 is hereby allowed subject to payment of cost of Rs. 1,000/- to the defendants/respondents.
Accordingly, this writ petition under Article 227 of the Constitution of India stands disposed of. However, the respondents/defendants are at liberty to file an application for modification of this order, if aggrieved.
A copy of this order be sent to the concerned trial Court by e-mail/fax.