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Judgment
19 paragraphs · 372 wordsAnjuli Palo, J
Though the matter is listed for orders on the question of admission as well as on stay application, however, it is finally heard. Further, considering the
nature of order which this Court is inclined to pass in the facts and circumstances of the case, it is not necessary to issue notice to the respondents.
This petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff being aggrieved by the order dated 19.01.2022
passed by the Ist Civil Judge, Senior Section, Chhatarpur (MP) in RCSA No. 45/2017.
An application under Order 17 Rule 1 of the Code of Civil Procedure was filed by the petitioner before the trial Court seeking opportunity to adduce
witness. The trial Court rejected the said application on the ground that 27 opportunities were provided to the petitioner/plaintiff and even then, he is
seeking further time to adduce evidence. It was further observed that the petitioner/plaintiff is unnecessarily trying to prolong the case, hence the
application was dismissed and petitioner/plaintiff's right to adduce evidence was closed.
Learned counsel for the petitioner submits that the petitioner/plaintiff had sought adjournment on the ground of personal difficulty as well as his
advocate.
Considering the contentions of the learned counsel for the petitioner, the impugned order passed by the trial Court and looking to the facts and
circumstances of the case, in my considered opinion, one more opportunity may be granted to the petitioner in the interest of justice to adduce his
evidence, subject to payment of cost, therefore, this petition is allowed. The impugned order dated 19.01.2022 is hereby set aside.
I t is directed that, subject to payment of cost of Rs. 7,500/- to the respondent No.1 within 15 days from the date of this order, the trial Court shall
afford one opportunity to the petitioner to adduce evidence on a date to be fixed by that Court. Thereafter, the trial Court shall proceed in accordance
with law. Petitioner/plaintiff shall keep the witness(es) present before the trial Court on the said date, without fail otherwise no further opportunity
shall be provided to the petitioner in this regard.
With the aforesaid direction, this petition is allowed to the extent mentioned above and disposed of.