This writ petition challenged the trial court's closure of evidence and dismissal of an application to reopen it. The High Court found the dismissal was correct as the plaintiff failed to utilize multiple opportunities given to adduce evidence.
No relief was granted. The initial civil 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.
[2024:RJ-JP:47580]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15834/2023
Ahmed Hussain S/o Allarakh, Aged About 70 Years, R/o 2 G, 63, Chhatrapura Talab, Vigyan Nagar, Kota (Raj.)
----Petitioner
Versus
Rajasthan State Road Transport Corporation, Kota Depot, Chief Manager, Kota Depot, Kota (Raj.)
----Respondent For Petitioner(s) : Mohd. Junaid, Adv. for Mr. Asgar Khan, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
20/11/2024
This civil writ petition has been filed by the petitioner-plaintiff (for short ‘the plaintiff’) under Article 227 of the Constitution of India against the order dated 12.05.2023 passed by Additional Civil Judge No.1, (North) Kota in Civil Suit No.32/2016 whereby the trial Court dismissed the application filed by the plaintiff for reopening his evidence. He has also challenged the order dated 16.11.2022 passed by the trial Court, whereby the trial court closed the plaintiff’s evidence.
Learned counsel for the plaintiff submits that the plaintiff filed a suit for declaration and permanent as well as mandatory injunction against the respondent-defendant (for short ‘the defendant’). Learned counsel for the plaintiff further submits that trial Court vide order dated 19.07.2022 while granting last opportunity made it clear that if on the next date of hearing
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plaintiff’s evidence is not produced, it shall be deemed to have been closed automatically. On 29.09.2022 one more opportunity was granted to the plaintiff to adduce evidence subject to payment of cost of Rs.300/- and the matter was adjourned to 16.11.2022. Learned counsel for the plaintiff further submits that due to illness of the plaintiff, plaintiff could not adduce his evidence before the trial Court on 16.11.2022. Learned counsel for the plaintiff submits that the plaintiff filed an application before the trial Court for reopening his evidence but trial Court vide order dated 12.05.2023 dismissed the application filed by the plaintiff. So, orders of the trial Court be set aside and one more opportunity be given to the plaintiff for adducing his evidence.
I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order.
It is an admitted position that trial court had granted ample opportunities to the plaintiff for adducing his evidence even on cost after framing the issues but the plaintiff failed to adduce the evidence before the trial Court.
So, in my considered opinion, trial Court has not committed any error in closing plaintiff’s evidence and in dismissing the application filed by the plaintiff for reopening his evidence. So, the present civil writ petition filed by the plaintiff being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
(NARENDRA SINGH DHADDHA),J
AVINASH GULERIA /71
1 issue framed by the court
Whether the High Court can interfere with the trial court's order closing the plaintiff's evidence and dismissing the application for reopening the same.
1 provisions across 1 enactments
Ahmed Hussain
Rajasthan State Road Transport Corporation
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
