JUDGMENT :

TUSHAR RAO GEDELA, J.

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 08.12.2022 in CS DJ 736/17 titled as “Joginder Chadha vs. Vishnu Kumar And Ors.” whereby the application seeking recall of the order dated 06.07.2022 whereby the right of the petitioner/plaintiff was closed, was dismissed.

2. Learned counsel submits that the petitioner had specifically informed the learned Trial Court that on 06.07.2022, the petitioner was unwell and could not appear before the Court nor could the evidence be filed on his behalf.

3. Learned counsel submits that the learned Trial Court did not consider the medical prescription filed on record and had closed the right of the petitioner/plaintiff to lead evidence on the basis that on previous occasions, the petitioner/plaintiff had miserably failed to adhere to the timelines given by the learned Trial Court for filing of the evidence.

4. Learned counsel further submits that, no doubt the issues were framed in the month of November 2019, yet the first date which was fixed for recording of evidence of petitioner was on 28.05.2020, which fell during the period of pandemic and subsequently, right up