Kamal Singh vs Balkunwartala Singh

Narendra Nath Tiwari

In this writ petition prayer has been made for setting aside the order dated 19.05.2011 contained in Annexure-4.

Learned counsel for the petitioner submitted that learned court below has erroneously closed the plaintiff''s evidences by order dated 12.01.2011. The petitioner prayed for recalling the said order dated 19.05.2011. Learned court below has also rejected the said application. Learned counsel for the petitioner submitted that petitioner is the plaintiff and he has to examine himself as a witness but the learned court below has denied the said opportunity by closing the evidences.

I have heard learned counsel for the petitioner and perused the impugned order. It appears from the impugned order that several adjournments were granted by the learned court below on the prayer of the petitioner but the petitioner did not bring any evidence after 15.07.2010. He continuously filed applications for adjournments of the case i.e. for about six dates and learned court below granted time to the plaintiff, giving him adequate opportunity to bring witness. In spite of the same the petitioner did not produce witness. Lastly 12.01.2011 was fixed for producing evidence, but on that date the petitioner did not take any step. He did not also pray for time. Learned court below under the said circumstances closed the petitioner''s evidence. In the recall petition, the petitioner had taken ground that he was ailing and due to the said reason could not come on the date fixed. But no medical certificate etc. was filed in support of the said statement. Learned Court below considered the said facts and circumstances and rejected his application.

On perusal of the record, I find that petitioner was given adequate opportunity but no further witness was produced by him. Learned counsel for the petitioner submitted that the petitioner is the plaintiff and he was to be examined himself, but no reason has been assigned as to why the plaintiff himself being the witness avoided his examination for several dates.

Learned court below has considered the said facts and deliberate attitude of the petitioner and ultimately closed the evidences and rejected his prayer for recalling the order closing evidences.

I find no illegality or arbitrariness in the impugned order.

Accordingly, this writ petition is dismissed.