Sharad Kumar Sharma And Ors vs Rajendra Sharma And Ors

By this writ petition filed under Article 227 of the Constitution of India, the petitioner-plaintiff No.1/1 (hereinafter referred to as "the plaintiff") has challenged the order dated 23.10.2018 passed by the learned Additional Civil Judge and Metropolitan Magistrate (West) Jaipur Metropolitan, Jaipur (hereinafter referred to as the "Trial Court") in civil suit No.09/2011 whereby the trial Court has closed the evidence of the plaintiff as also the order dated 24.04.2019 by which the application filed by the plaintiff for re-calling the order dated 23.10.2018 has been dismissed.

Learned counsel for the plaintiff did not dispute the fact that plaintiff had been granted several opportunities to produce the evidence but he could not lead evidence. However, learned counsel prayed for one and the last opportunity to the plaintiff to lead his evidence.

On the other hand, learned counsel for the respondent No.1-defendant (hereinafter referred to as "the defendant") has no objection if one last opportunity, as prayed for, is granted to the plaintiff to lead his evidence.

I have considered the submissions made by the learned counsel for the parties and perused the impugned orders dated 23.10.2018 and 24.04.2019 with other documents annexed with the writ petition. No doubt that sufficient opportunities were given to the plaintiff to adduce his evidence but he had failed to do so, therefore, the trial Court was fully justified in passing the impugned orders. Be that as it may, denial to adduce evidence may cause serious prejudice to the plaintiff, therefore, considering the overall facts and circumstances of the case, it is in the interest of justice that one more opportunity may be given to the plaintiff to lead his evidence.

In the result, the writ petition is allowed. Thus, the impugned orders dated 23.10.2018 and 24.04.2019 passed by the trial Court are set aside. Plaintiff is permitted to adduce his all evidence at his own on 27.02.2020 on payment of cost of Rs.25,000/-, out of which 12,500/- shall be paid to the defendant and remaining 12,500/- shall be deposited with District Legal Services Authority, Jaipur on or before the aforesaid date, failing which, the plaintiff will not be allowed to adduce his evidence. In the event the cost, as aforesaid, is paid by the plaintiff to the defendant, the Trial Court shall allow only one opportunity to the plaintiff to lead his evidence and no further opportunity will be granted to the plaintiff to lead his evidence.