The High Court set aside the trial court's order closing the plaintiffs' opportunity to adduce evidence in a partition suit. It granted one final opportunity subject to a cost, directing the trial court to adhere to this condition.
Order of trial court closed; one opportunity to adduce evidence granted subject to cost of Rs. 10,000.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 568/2024
---Plaintiffs-Petitioners
Versus
---Defendants-Respondents
For Petitioner(s) : Mr. Manvendra Singh Choudhary, Adv. For Respondent(s) : Mr. Mustaq Ahmed, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
14/11/2024
Mr. Mustaq Ahmed, Adv. puts his appearance on behalf of respondent No.2. Hence, service is complete.
[CW-568/2024]
(2 of 3)
This Civil Writ Petition has been filed by the petitionersplaintiffs (for short ‘the plaintiffs’) against the order dated 20.11.2023 passed by Civil Judge & Judicial Magistrate, Kotkasim (Alwar) (for short ‘the trial court’) in Civil Suit No.37/2022 titled as “Amar Singh & Ors. Vs. Shiv Lal & Anr,” whereby the trial court closed the plaintiffs’ opportunity to adduce the evidence.
Learned counsel for the plaintiffs submits that the plaintiffs filed a civil suit for partition, declaration and permanent injunction against the defendants-respondents (for short ‘the defendants’) in which the plaintiffs could not appear before the trial court on 20.11.2023. Resultantly, the trial Court closed the plaintiffs’ opportunity to adduce the evidence. Learned counsel for the plaintiffs also submits that absence of the plaintiffs for adducing the evidence before the trial court was bonafide. So, in the interest of justice, the order dated 20.11.2023 passed by the trial court be set-aside and one more opportunity may be given to the plaintiffs for adducing the evidence before the trial court.
Learned counsel for the defendants has opposed the arguments advanced by learned counsel for the plaintiffs and submitted that ample opportunities were given to the plaintiffs for adducing the evidence before the trial court but the plaintiffs had not appeared before the trial court. So, the trial court vide order dated 20.11.2023 rightly closed the plaintiffs’ opportunity for adducing the evidence. So, the present petition filed by the plaintiffs be dismissed.
I have considered the arguments advanced by learned counsel for the plaintiffs as well as learned counsel for the defendants.
[CW-568/2024]
(3 of 3)
It is an admitted position that the plaintiffs could not appear before the trial court. So, their evidence was not recorded and trial court closed the plaintiffs’ opportunity to adduce the evidence. So, in the interest of justice, I deem it just and proper to grant one opportunity to the plaintiffs to adduce the evidence before the trial court subject to payment of cost of Rs. 10,000/by the plaintiffs..
Accordingly, petition filed by the plaintiffs is allowed. The order dated 20.11.2023 passed by the trial Court is set-aside. Taking into consideration the fact that the case is pending consideration before the trial court since the year 2022, the trial court is directed to grant only one opportunity to the plaintiffs to adduce the evidence before the trial court, subject to payment of cost of Rs.10,000/- by the plaintiffs to the defendants on or before next date of hearing, failing which no opportunity shall be granted by the trial Court to the plaintiffs to adduce the evidence.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/90
1 issue framed by the court
Whether the trial court ought to have granted an additional opportunity to the plaintiffs to adduce evidence after closing the same due to non-appearance.
Amar Singh
Budhram
Sunder Singh
Chandan Singh
Shiv Lal
Charan Singh
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
