Lal Dass and Others vs Bali Ram and Another

Deepak Gupta, J.—By means of this petition, the Petitioners (hereinafter referred to as the Defendants) have prayed that the order of the learned trial Court dated 24.06.2011 directing that the evidence of the Defendants be closed be set aside and they may be granted one more opportunity to lead evidence.

From the perusal of the record, it is apparent that the Defendants were granted three opportunities to lead evidence and they neither took steps nor produced their evidence. Therefore, no fault can be found with the order of the learned trial Court. However, with a view to do justice between the parties and keeping in view the fact that this Court has always taken the view that every litigant is entitled to contest his case on merits and if the other side can be compensated in terms of costs, no party should be denied an opportunity to defend its case on merits, I feel that one last opportunity may be granted to the Petitioners-defendants to produce their evidence at their own responsibility and their own risk and cost.

Therefore, the impugned order dated 24.06.2011 is set aside. The learned trial Court shall grant one opportunity to the Defendants to produce their entire evidence at their own responsibility. The Defendants may, if they so desire, take the assistance of the Court to summon the witnesses, but it shall be the responsibility of the Defendants to ensure that the witnesses are served and brought to Court. Only in case, a witness is served and does not appear, then the Court may take coercive steps to ensure its presence. This order is passed subject to payment of Rs. 2,000/- as costs.

The parties through their counsel are directed to appear before the learned trial Court on 14th September, 2011, the date already fixed. The costs must be paid on or before the said date, failing which the present petition shall be deemed to have been dismissed. The learned trial Court shall give one opportunity as detailed hereinabove to the Defendants to lead their evidence.