Sonia vs Ambaram

Arun Bhansali, J.—This writ petition is directed against the order dated 21.9.2013 passed by the trial court, whereby the opportunity to lead evidence on behalf of the petitioner has been closed by the trial court. The plaintiff produced a list of witnesses on 13.5.2013 and thereafter, he himself was examined on 21.9.2013. On the said date, the trial court noticed that as the plaintiff was granted three opportunities, no further opportunity could be granted for producing evidence and closed the same

The petitioner filed application for summoning the witnesses as indicated in the list of witnesses, which was also rejected on the ground that the affidavit of such witnesses have not been filed.

Learned counsel for the petitioner submits that the approach of the trial court has been pedantic and laconic, inasmuch as the fact that the petitioner wanted to summon the witnesses has not been kept in mind while passing the order.

It is further submitted that merely because three opportunities were granted to the petitioner to appear as witness cannot lead to closing of the evidence qua the other witnesses.

Learned counsel for the respondent submitted that the trial court was justified in closing the evidence, inasmuch as, the petitioner did not produce his evidence in time.

I have considered the rival submissions.

It is not in dispute that the petitioner had produced the list of witnesses and wanted to summon the witnesses and therefore, in such circumstances, there was no question of the petitioner producing the affidavits of the said witnesses and therefore, finding and the reason indicated by the trial court is on its face incorrect.

Further the fact that three opportunities were granted to the petitioner to appear as witness cannot necessary means that he was required to lead the entire evidence and/or summon the witnesses for the said date itself. The approach of the trial court in this regard is wholly incorrect. The order impugned passed by the trial court cannot be sustained. Consequently, the writ petition filed by the petitioner is allowed. The order dated 21.9.2013 is set-aside. The trial court is directed to provide opportunity to the petitioner to summon the witnesses and examine them.