Pala Ram and Others vs Shyam Lal

L.N. Mittal, J.—Legal representatives of Defendant since deceased have filed the instant revision petition under Article 227 of the Constitution of India to assail order dated 9.6.2011, Annexure P/1 passed by learned Civil Judge (Senior Division), Karnal thereby closing evidence of the Petitioners herein by court order.

I have heard learned Counsel for the Petitioners and perused the case file.

Learned Counsel for the Petitioners vehemently contended that as per details of zimini orders mentioned in the revision petition, only six effective opportunities were granted to the Petitioners herein for their evidence by the trial court. Learned Counsel for the Petitioners prays that only one more opportunity be granted to the Petitioners to lead their remaining evidence at their own responsibility subject to payment of costs.

I have carefully considered the aforesaid prayer. Although the trial court granted sufficient number of opportunities to the Petitioners herein for their evidence and proviso to Order 17 Rule 1 of the CPC stipulates grant of not more than three opportunities to a party, yet I am of the considered opinion that ends of justice would be met if one more opportunity is granted to the Petitioners for leading their remaining evidence on payment of heavy costs.

I intend to dispose of the instant revision petition without issuing notice to the Respondent-Plaintiff so as to avoid further delay in the disposal of the suit and also to save Respondent-Plaintiff of the expenses he might have to incur in engaging counsel for the revision petition if notice of the revision petition is issued to the Respondent-Plaintiff.

In view of the aforesaid, the instant revision petition is disposed of by directing that the trial court shall grant only one more opportunity to the Petitioners herein to lead their remaining evidence at their own responsibility, subject to payment of Rs 3000/- as costs precedent.