The High Court dismissed a writ petition challenging an order closing the petitioner's evidence. The court held that the trial court rightly rejected the application as the petitioner failed to take appropriate steps after an ex parte proceeding and did not file a written statement by 2014.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN JAI PUR BENCH, JAI PUR
O R D E R
S. B. Ci vi l Wr i t Pet i t i on no. 697/ 2015 Rat an Devi vs Kai l ash Bhi nda & Or s
Dat e of Or der : 20/ 01/ 2015
HON' BLE MR. JUSTI CE J. K. RANKA
Mr . Munesh Bhar dwaj f or t he pet i t i oner
pet i t i oner t hat t he l ear ned t r i al cour t wi t hout any basi s cl osed t he evi dence and on account of r easonabl e cause, pet i t i oner coul d not appear and l ai d her evi dence. I t i s f ur t her cont ended t hat t her e was r easonabl e cause f or not
appear i ng bef or e t he t r i al cour t .
by counsel f or t he pet i t i oner and per used t he aver ment s made i n t he wr i t pet i t i on as al so t he i mpugned or der .
pr oceedi ngs wer e dr awn agai nst her on 7. 4. 2011. 5. I n my vi ew, pet i t i oner di d not t ake appr opr i at e st eps f r om 7. 4. 2011 t o 26. 11. 2014 and even wr i t t en st at ement had not been f i l ed by t he pet i t i oner and accor di ngl y t he t r i al cour t has r i ght l y r ej ect ed t he appl i cat i on of t he pet i t i oner . I do not f i nd any i l l egal i t y or per ver si t y i n t he or der passed by t he t r i al cour t .
Accor di ngl y, t he wr i t pet i t i on i s l i abl e t o be di smi ssed and i s di smi ssed accor di ngl y.
( J. K. RANKA) J.
Om 19 Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng e- mai l ed. Om pr akash P. A.
2 issues framed by the court
Whether the High Court should interfere with the trial court's order closing evidence due to the petitioner's failure to appear.
Whether there was any illegality or perversity in the trial court rejecting the petitioner's application to reopen evidence.
Ratan Devi
Kailash Bhinda
J. K. Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
