High Court set aside the impugned order closing the petitioner's right to lead evidence in a trial, directing the trial court to fix a date for evidence examination based on party consent.
Impugned order setting aside; parties to appear on 23.05.2025; trial court to schedule evidence date.
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$~40
Date of Decision: 16.05.2025
GHASI RAM JAIN (SINCE DECEASED) THROUGH HIS LRS AND ORS .....Respondents Through: Mr. Dharm Chand Jain, LR 1(b) to R1. Mr. Ankit Jain, Adv. for R-2. Mr. Gaurav Bhardwaj and Mr. Gaurav Jain, Advs. for R-3.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:1 9.05.2025 07:13:46
Page 1 of 2
CM(M) 2355/2024
that in the interest of expediency and given the fact that the matter is not being adjudicated by the learned Trial Court in view of the stay directed by this Court, one opportunity be granted on a fixed date to the Petitioner (Defendant No. 5) to lead and conclude his evidence.
TARA VITASTA GANJU, J
MAY 16, 2025/r/pa
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Signature Not Verified
Digitally Signed By:RAHUL Signing Da te:1 9.05.2025 07:13:46
Page 2 of 2
CM(M) 2355/2024
2 issues framed by the court
Whether to set aside the impugned order closing the right to lead evidence for the petitioner who had failed to appear despite costs.
Whether to grant an opportunity to the petitioner to lead and conclude his evidence in the subordinate trial.
Chandresh Jain
Ghashi Ram Jain
Tara Vitasta Ganju
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
