Allowed

Hariram S/O Shri Gordhan v. Bhawani S/O Gordhan

Rajasthan HC4 Jan 2020CW/14267/2019

Case brief

AI extract

What is this about?

The High Court set aside the trial court's orders closing the plaintiff's evidence. It granted one more opportunity to the plaintiff to lead evidence on 15.01.2020, conditioned upon the payment of Rs.25,000 as costs and the submission that only one further opportunity would be available.

What did the court decide?

Impugned orders set aside. Plaintiff permitted to adduce evidence on 15.01.2020 upon payment of Rs.25,000 as costs.

Hariram S/O Shri Gordhan Vs Bhawani S/O… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 14267/2019

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Hariram S/o Shri Gordhan age about 88 years old B/C Brahmin R/o Kumher Gate Town weir (Profession Retired Teacher, District Bharatpur (Rajasthan)

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----Petitioner/Plaintiff

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Versus

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Bhawani S/o Gordhan age about 74 years B/c Mali, R/o Mohalla Kumher Gate, Town Weir, District Bharatpur (profession-farmer)

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----Respondent-Defendant

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For Petitioner(s) For Respondent(s)

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: Mr. T.C. Yadav : Mr. Dharmendra Pareek

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HON'BLE MR. JUSTICE PRAKASH GUPTA Order

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04/01/2020

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By this writ petition filed under Article 227 of the Constitution of India, the petitioner-plaintiff (hereinafter referred to as “the plaintiff”) has challenged the order dated 21.05.2018 passed by the learned Senior Civil Judge, Weir, Bharatpur (hereinafter referred to as the "trial Court") in civil suit No.126/2013 whereby the trial Court has closed the evidence of the plaintiff as also the order dated 29.04.2019 by which the application filed by the plaintiff for re-opening his evidence has been closed.

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Learned counsel for the plaintiff did not dispute the fact that plaintiff had been granted several opportunities to produce the evidence but he could not lead evidence. However, learned counsel prayed for one and the last opportunity to the plaintiff to lead his evidence.

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On the other hand, learned counsel for the respondentdefendant (hereinafter referred to as “the defendant”) resisted the prayer and contended that plaintiff is not at all interested to lead evidence rather his sole object is to delay the pending proceedings.

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(2 of 2)

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[CW-14267/2019]

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Many opportunities were granted yet he failed to adduce his evidence. Hence, the writ petition is liable to be dismissed.

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I have considered the submissions made by the learned counsel for the parties and perused the impugned orders dated 21.05.2018 and 29.04.2019 with other documents annexed with the writ petition. No doubt that sufficient opportunities were given to the plaintiff to adduce his evidence but he had failed to do so, therefore, the trial Court was fully justified in passing the impugned orders. Be that as it may, denial to adduce evidence may cause serious prejudice to the plaintiff, therefore, considering the overall facts and circumstances of the case, it is in the interest of justice that one more opportunity may be given to the plaintiff to lead his evidence.

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In the result, the writ petition is allowed. Thus, the impugned orders dated 21.05.2018 and 29.04.2019 passed by the trial Court are set aside. Plaintiff is permitted to adduce his all evidence at his own on 15.1.2020 on payment of cost of Rs.25,000/-, out of which 12,500/- shall be paid to the defendant and remaining 12,500/- shall be deposited with District Legal Services Authority, Bharatpur on or before the aforesaid date, failing which, the plaintiff will not be allowed to adduce his evidence. In the event the cost, as aforesaid, is paid by the plaintiff to the defendant, the Trial Court shall allow only one opportunity to the plaintiff to lead his evidence and no further opportunity will be granted to the plaintiff to lead his evidence.

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(PRAKASH GUPTA),J

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Mohit51/DK

Hariram S/O Shri Gordhan v. Bhawani S/O Gordhan

Case brief

What is this about?

What did the court decide?

Hariram S/O Shri Gordhan v. Bhawani S/O Gordhan

Case brief

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What the court decided

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