Mohinder Singh vs Prakash Kaur

Sat Pal, J.

This petition has been preferred against the order dated 2.9.1997 passed by the Additional Civil Judge (SD) Baba Bakala. By this order, the learned trial court rejected the application filed on behalf of petitionerplaintiff for adjournment of the case. Notice of this petition was issued to the respondents. As per report submitted on the summons, the respondents refused to accept the notice and accordingly the respondents are deemed to have been served. None is present on behalf of the respondents though the case has been called out second time after a pass over was given. Accordingly, I proceed to dispose of the matter.

After hearing the learned counsel for the petitioner and having perused the impugned order, I am of the opinion that it would be in the interest of justice to grant one more opportunity to the plaintiff to complete his entire evidence. In the impugned order itself, it has been stated that the learned counsel of the plaintiff had gone to attend a case in the Hon''ble Supreme Court of India. Even the particulars with regard to title of the case have been given in para3 of the grounds of revision.

In view of the above discussion, the petition is allowed and the impugned order dated 2.9.1997 passed by the learned trial court is set aside and it is directed that the plaintiff shall be given one opportunity to complete his entire evidence. It is, however, made clear that except the said one opportunity no further opportunity will be given to the plaintiff for this purpose. With this order, the petition stands disposed of.

Copy of the order be given dasti to the learned counsel of the petitioner on usual payment.