JTPL Townships Private Ltd. vs Ramesh and Others

Ram Chand Gupta, J.—The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 16.3.2011, passed by learned Civil Judge, Senior Division, Karnal, vide which evidence of the Petitioner-Plaintiff has been closed.

I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

Perusal of impugned order and the various zimni orders passed by learned trial Court shows that evidence of the Petitioner-Plaintiff was closed after giving sufficient opportunities and after giving 2-3 last opportunities. Hence, it cannot be said that any illegality or material irregularity has been committed by learned trial Court in passing the impugned order.

However, it has been stated by learned Counsel for the Petitioner that Petitioner does not want to examine any witness and that he only wants to tender copies of certain documents mentioned in para No. 5 of the petition, which are per se admissible being copies of public documents, obtained from the Office of Registrar of Companies.

Hence, in view of these facts, the impugned order is modified to the extent that learned trial Court is directed to grant one effective opportunity to Petitioner-Plaintiff to tender these documents in evidence at its own responsibility subject to payment of Rs. 10,000/-as cost, which shall be a condition precedent.