Thereafter, the matter was listed for petitioner‟s evidence on 13.02.2023. On 13.02.2023, the petitioner had filed the affidavit and furnished the copy to the opposite side. The matter was listed for DE on 17.04.2023 with directions that the advance copies of the affidavit of the DWs be supplied to the respondent at least 15 days prior to next date of hearing. On 17.04.2023, the evidence could not be recorded as the counsel of the petitioner was not available and the matter was listed for 21.08.2023. Again, the defendant‟s evidence could not be recorded as an advance copy of the affidavit though was given to the respondent, but not filed on the record. Furthermore, the witness for the defendant was unavailable on the designated date of the hearing. Consequently, the learned Trial Court deemed it inappropriate to further postpone the proceedings for recording the DE on a subsequent date, thereby concluding the petitioner's opportunity to present evidence. The matter was listed for hearing final arguments on 21.09.2023. Thereafter, the petitioner moved an application under Order XVIII Rule 17 of the CPC, which was taken up for hearing on 20.12.2023 and was dismissed on the same date by the learned Trial Court.
