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Judgment
18 paragraphs · 288 wordsRAMENDRA JAIN, J. (ORAL)
C.M. NO.6595-CII OF 2018
Allowed as prayed for.
Zimni orders (Annexures P-6 Colly) are taken on record.
C.R. NO.1699 OF 2018
Through this petition under Article 227 of the Constitution of India, prayer has been made for setting aside order dated 12.12.2017(Annexure P-5) of
the trial Court, whereby evidence of the petitioner was closed by Court order.
Learned counsel for the petitioner INTER ALIA contends that the evidence of the petitioner has been closed on account of non-appearance of his
counsel by Court order, for which he may not be penalized. Only one last opportunity may be given to the petitioner-plaintiff to conclude his evidence.
Considering overall facts and circumstances, but without commenting on the merits of the case, in the interest of justice, equity, good conscience and
fair play, the impugned order is set aside. Resultantly, the trial Court is directed to afford only one opportunity to the petitioner-plaintiff to conclude his
entire evidence at his own responsibility, with assistance of the trial Court for summoning of the official witnesses through bailable warrants or
otherwise, subject to payment of costs of `10,000/-, to be deposited with the Member Secretary, District Legal Services Authority, Sonepat.
Disposed of with the above observations.
This order has been passed without issuing notice to the respondents with a view to impart justice to the parties and to save the huge expenses which
may be incurred by the respondents and also to avoid unnecessary delay in the adjudication of the matter. Still, if dissatisfied, the respondents may
move this Court for recalling this order within six weeks from today.
A copy of this order be also sent to Member Secretary, District Legal Services Authority, Sonepat, to recover the costs.