Raghvendra Das Vaishnav vs Shrimati Uma Bai And Ors

Goutam Bhaduri, J

Heard.

The instant petition is against the order dated 06.12.2017, whereby right to file statements of the additional witnesses of the plaintiff was closed.

Learned counsel for the petitioner would submit that on 02.11.2017 the case was fixed for evidence, wherein time was granted to adduce evidence

to the plaintiff to 24.11.2017. On 24.11.2017 it was directed that all the statements of the witnesses be placed on record. Subsequently, on 06.12.2017

three affidavits i.e. of the witnesses statements were placed on record and who were cross-examined. Further on that date further time was sought to

place on record the evidence of the other remaining witnesses but such prayer was dismissed on the ground that the case is pending since 2008

thereby opportunity to file statements of the other witnesses i.e. the evidence was closed. He further submits that one opportunity may be granted to

adduce evidence and it is not the case that exorbitant time has been availed and date will show that the witnesses were present and cross-examined

also.

Perused the order-sheet. By order dated 24.11.2017 the Court below has directed to place on record the statements of the witnesses on record.

Subsequently, order-sheet shows that on 06.12.2017 statements of three witnesses were filed under Order 18 Rule 4 CPC and the case was fixed for

cross-examination of the witnesses and on that date further prayer to place on record the statement of witnesses were denied. The order-sheet as

revealed that the statement of three witnesses though were filed but were not cross-examined.

The case is for specific performance of contract. Considering the facts & situation of the case, in the interest of justice it would be proper to allow

the petitioner to place on record the statements of the witnesses under Order 18 Rule 4 CPC, subject to payment of cost of Rs.2000/- payable to the

respondents. Accordingly, the petition is allowed. The petitioner is directed to file the statements of the witnesses on the next date. Further he shall

also keep the witness present thereafter so that they may be cross- examined and petitioner may seek the intervention of Court to procure their

presence before the Court by summoning them by following due procedure of law.

With such observation, the petition stands disposed of. The aforesaid order is passed to advance the cause of justice so that the case can be

decided on merits.