Smt. Parkasho Devi and Others vs Khajoor Singh and Others

Mahesh Grover, J.—The petitioners are aggrieved by the order dated 14.6.2010 vide which their evidence has been ordered to be closed.

The contention of the learned Counsel for the petitioners is that if only two opportunities are granted to him, he shall adduce his entire evidence.

After hearing the learned Counsel for the petitioners and perusing the impugned order, I am of the opinion that there is no infirmity in the same. The petitioners were granted five opportunities to lead their evidence which they did not avail of. However, keeping in view purely the interest of justice and also noticing the fact that equitable justice can be ensured by compensating the other side with costs, I deem it appropriate to direct the learned trial Court to grant the petitioners two effective opportunities only to lead their evidence. There shall be no further indulgence shown to the petitioners in the grant of adjournment for the said purpose. The impugned order is set aside subject to payment of Rs. 5,000/- as costs.

The petition is being disposed of without issuance of notice of motion to the other side as having recourse to such a process is likely to delay the proceedings further.