JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 05.07.2022 in suit No. 10132/2016 titled "Saurabh Sabharwal vs Satish Bhatia" whereby the learned Trial Court had closed the opportunity for recording the remaining evidence of the petitioner/plaintiff on the basis that sufficient time was granted and despite number of opportunities having granted, the petitioner/plaintiff failed to take steps for summoning the witnesses.

2. Mr. Kanack Pandey, learned counsel appearing on behalf of petitioner/plaintiff submits that the delay of filing the petitioner's evidence was on the ground that the files pertaining to the suit were misplaced due to renovation at the counsel's office and the delay had occasioned.

3. Learned counsel further submits that there was unstoppable seepage in the basement office of the counsel which had led to the massive renovations and the files kept in office were not traceable at that particular point of time as they were shifted elsewhere.

4. Learned counsel also submits that the delay had also occasioned due to the hospitalization of the father of the counsel.

5. Mr. Pand