3. As seen from the Common Order dt. 30.11.2015, respondent herein has to adduce evidence on 22.12.2015 and in the event of failure to adduce evidence on that day, the petitions shall stand dismissed. But, the respondent herein did not comply the said direction. On 21.01.2016, the matter was adjourned to 5.02.2016 and again to 10.03.2016 and 28.03.2016 and 13.04.2016. Though the Tribunal passed a conditional Order, the respondent herein did not comply the direction issued by the Tribunal and in such a case, the Tribunal shall not relax such condition granting adjournments liberally contrary to the Order passed by it. More curiously, it recorded compliance of direction in the Common Order dt.30.11.2015 passed in I.A.No.1040 of 2013 and I.A.No.1041 of 2013 in O.S.No.79 of 2005 i.e., after lapse of 7 months from the date of its Order. The respondent herein did not file any petition to relax the condition imposed by the Tribunal and the Tribunal also did not relax the condition till today to receive affidavit of the respondent herein in lieu of evidence under Order 8 Rule 14 (2) of CPC. Receiving of such affidavit is not in compliance of conditional order passed by it and it is totally contrary to the Common Order passed in I.A.No.1040 of 2016 and I.A.No.1041 of 2016. Due to non-compliance of the condition by the respondent herein, those Petitions are deemed to have been dismissed and in such a case, the question of receiving evidence does not arise. Hence, the Docket Order dt.13.04.2016 is illegal and contrary to the direction given by it.
