Panchi Rani vs Saru Haldar And Ors

Sanjay K. Agrawal, J

By the impugned order dated 08/08/2019, petitioner's/plaintiff's opportunity to lead evidence has been closed by the trial Court against which this

writ petition has been preferred by her.

Mr. Parag Kotecha, learned counsel for the petitioner submits that petitioner/plaintiff has filed an affidavit under Order 18 Rule 4 of the CPC

stating that closure of her opportunity to lead evidence is penal in nature as she would not be able to prove her case as no evidence has been led by

her till now.

I have heard learned counsel for the petitioner at length.

Taking into consideration the facts of the case and the submission made by learned counsel for the petitioner and also taking into consideration that

despite another grant of opportunity, plaintiff did not produce her two witnesses though a cost of Rs. 1,000/- was imposed upon her, ends of justice

would be served if one more opportunity is granted to the plaintiff to examine herself and her two witnesses on the next date of hearing i.e. on

17/10/2019 subject to payment of cost of Rs. 4,000/- to defendants No. 1 to 3 and the plaintiff will also pay the cost already imposed by the trial Court

of Rs. 1,000/-, if not already paid to defendants No. 1 to 3. It is made clear that this is the final opportunity granted to the plaintiff to lead evidence and

if she fails to do so this time, no other opportunity will be granted to her.

With the aforesaid observations, this writ petition stands disposed of. However, the respondents/defendants are at liberty to file suitable application

for modification, if any.

A copy of the aforesaid order be sent to the concerned trial Court by e-mail/fax.