Naresh Kumar Vs Kulbir Singh and Another

Prayer in this petition is for setting aside the impugned order da t ed 17.4.2023 (Annexure P-1) passed by the learned Addition a l Civil Judge (Sr. Divn.), Charkhi Dadri, in Civil Suit No.335 o f 2018, titled as ‘Naresh Kumar vs. Kulbir etc.’, vide which evidence of the petitioner has been close d by Court order.

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On 17.4.2023, the follow i ng impugned order was passed b y the learned Additional Civil J udge (Sr. Divn.), Charkhi Dadri :-

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“No evidence of plai n tiff is present despite last opportunity. Previous cost o f Rs.500/- also not paid by plaintiff. The plaintiff ha s already availed several effective opportunities but h as failed to conclude his entire evidence, thus eviden c e of the plaintiff is closed by Court order.

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The matter stands a dj ourned to 15.05.2023, for evidene of defendant.”

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VIJAY ASIJA 2025.07.11 18.02 I attest to the accuracy and integrity of this document

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CR-4114-2025 (O & M) 2

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Learned counsel for the peti t ioner/plaintiff submits that the petiti o ner is 95% permanent physic a lly disabled as is evident from the Disability Certificate (Anne x ure P-6). It is candidly admitted t hat the petitioner was granted f i ve opportunities to lead his evidence, however, due to his disablem e nt, he could not conclude his entire evidence. Thereafter the impu g ned order dated 17.4.2023 (Annexu r e P-1) has been passed by the learned trial Court.

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Learned counsel submits t hat the petitioner would suffer ir r eparable loss if the impugn e d order dated 17.4.2023 (Annexu r e P-1) is not set aside. At the v ery outset, learned counsel submits t hat one effective opportunit y may be granted to the petitione r herein to conclude his entire e vidence, as grave injustice will be c a used to him if he is not permit t ed to do so. It is submitted that the n ext date of hearing fixed befo r e the learned trial Court is

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14.7.202 5 for defendants’ evidence.

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After hearing learned counsel for the petitioner, issuance o f notice of motion is dispense d with at this stage, as it will cause fu r ther delay in disposal of the c a se. Accordingly, keeping in view the above facts as canvassed b y learned Counsel for the petitione r , this petition is allowed a nd impugned order dated 17.4.202 3 (Annexure P-1) is set aside. The learned Court below is directed t o grant one effective opportu n ity to enable the petitioner herein t o conclude his evidence, how e ver subject to payment of Rs.50,00 0 /- as costs to the respondents therein by the next date of hearing f i xed before the learned trial Co u rt, failing which, the present