The court allowed the civil revision petition seeking to reopen suit evidence. Granted a last chance to lead evidence subject to payment of Rs. 2,000 costs to plaintiffs and a condition of no further adjournments.
Allowed the revision petition and granted a last opportunity to lead evidence subject to payment of Rs. 2,000 costs to respondents within two weeks.
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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No.2400 OF 2014
ORDER:
This Civil Revision Petition is filed by the petitioners/defendants, questioning the docket order dated 08.07.2014, passed by the Junior Civil Judge, Armoor, Nizamabad District, in I.A.No.245 of 2014 in O.S.No.19 of 2010, wherein and whereby the application filed by the petitioners/defendants under Section 151 C.P.C, seeking to reopen the suit for the purpose of leading further evidence, was dismissed.
Heard Sri K. Venumadhav, learned counsel for the petitioners and filed proof of service under U.S.R.No.1385/2014.
The main grievance of the petitioners/defendants is that their valuable right to lead evidence in the suit has been closed and thereby depriving their valuable right of defending the suit.
The learned counsel for the petitioners/defendants fairly submits that there was some lapse on the part of the defendants in not complying with the earlier order of the Court below. However, he pleads that one more opportunity as a last chance may be given to the defendants to adduce the evidence in the suit by fixing the time.
A perusal of the order impugned would reveal that the defendants failed to adduce the evidence on 31.01.2014 and thereafter five adjournments were granted. Finally on 14.03.2014, evidence of the defendants was closed. Thereafter, I.A.No.128 of 2014 was filed on 20.03.2014 by the defendants seeking to permit them to lead their evidence and it was allowed on condition that no further adjournments would be given. However, even on 03.04.2014 and 11.04.2014,
defendants failed to adduce evidence and on 11.4.2014, the Court below forfeited the right of the defendants to lead the evidence in the suit. Thereafter on 08.07.2014 an application in I.A.No.245 of 2014 in O.S.No.19 of 2010, was filed with the sworn affidavit of the Advocate on record stating that due to rush of work and by oversight, he could not comply with the order of the Court below and represent the case on the date of hearing. It was further stated in the affidavit that the lapse in not complying with the order of the Court below may be condoned and an opportunity may be given to the defendants to lead the evidence on their behalf.
Having considered the fact that the sworn affidavit given by the Advocate on record and especially in view of the fact that the right to lead the evidence is a valuable right, I am inclined to give one more opportunity, as a last chance, to the petitioners/defendants, to lead their evidence in the suit. However, considering the fact that the respondents/plaintiffs were put to undue and unnecessary trouble of attending the Court on each of the adjournment, the petitioners/defendants shall pay Rs.2,000/- (Rupees two thousand only) to the plaintiffs/respondents within a period of two weeks from today i.e., on or before 05.12.2014. Further, in the event of none payment of costs or any adjournment is sought on behalf of the petitioners/defendants, the Court below is at liberty to proceed with the matter without granting any further adjournments or without giving any further opportunity to the petitioners/defendants.
With the above observations, the Civil Revision Petition is allowed. There shall be no order as to costs. Miscellaneous Petitions, if any pending in this revision, shall stand closed.
_____________________________ CHALLA KODANDA RAM,J
Date:21.11.2014.
Note: Issue CC within 3 days. B/o. Gk
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No.2400 OF 2014
Date:21.11.2014
1 issue framed by the court
Whether the court should condone the delay in complying with the order closing evidence and grant a last chance to lead evidence.
Petitioners/Defendants
Respondents/Plaintiffs
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
