JUDGMENT :

Tushar Rao Gedela, J.

The petitioner challenges the orders dated 12.09.2022 in CS DJ 57759/2016 titled “Paramjeet v. Ashok Mittal” whereby the application under Section 114/151 r/w Order 47 Rule 1 CPC, 1908 seeking review of order dated 21.07.2022 whereby the right of petitioner/plaintiff to lead evidence was closed and the review application was dismissed by way of the impugned order.

2. Learned counsel submits that subject to cost of Rs. 1,500/- the learned Trial Court vide the order 19.02.2019 had permitted the filing of the evidence by way of affidavit of PW Rakesh Kumar on record.

3. Subsequently, the matter was directed to be listed for recording of PE on 18.07.2019. On 18.07.2019, the documents in respect of petitioner/plaintiff namely Mr. Paramjeet was placed on record and taken into consideration by the learned Trial Court. The learned Trial Court has also noted that the main counsel for the respondent/defendant was stated to be out of station and last opportunity was granted to cross examine the PW1, and accordingly, the case was next listed on 01.11.2019. On 01.11.2019, neither of the main counsel for the parties were available and therefore, as a last opportunity