Nanda General Store vs State Bank of India and Another

Deepak Gupta, J.—This petition is directed against the order dated 25.9.2010 whereby the evidence of the Defendants has been closed.

From the perusal of the record, it is apparent that the Defendants were given a number of opportunities to lead evidence but failed to examine any witness. Therefore, the application filed by the Defendants to adjourn the case was rejected.

The explanation given by the Petitioner-Defendant in the application for adjournment was that he wanted to produce some documents on record but this was not what was argued in Court and in Court it was stated that the Defendant was ill. Therefore, the Defendant had not taken a consistent stand.

Be that as it may, I am of the opinion that in a matter like this where the other side can be compensated with costs, the right of a party to contest the claim on merits should not be jeopardized. Therefore, by way of indulgence, one more opportunity is granted to the Defendants to lead evidence. It shall be the responsibility of the Defendants to produce their witnesses. It is made clear that only one date shall be given to the Defendants to lead evidence and no further opportunity shall be granted.

It has been informed at the Bar that the case is fixed for 31.3.2011. On that date, the parties shall appear before the learned Trial Court and the learned Trial Court shall fix the case for the evidence of the Defendants in the month of April, 2011. This order is passed subject to the condition that the Defendants shall pay costs of Rs. 3000/- to the Plaintiff. In case costs are not paid on or before 31.3.2011 then this petition shall be deemed to have been dismissed.

The petition is disposed of in the aforesaid terms.