The court confirmed that repeated failures to present evidence warranted closure of defence as per CPC, emphasizing that Article 227 does not permit appellate interference unless jurisdictional errors are evident.

JUDGMENT (Oral)

CM(M) 503/2022, CM APPL. 25606/2022 (exemption) and CM APPL. 25715/2022 (interim relief)

1. The petitioner is aggrieved by orders dated 9th March, 2022 and 17th May, 2022, passed by the learned Senior Civil Judge ("the learned SCJ") in CS/SCJ/83300/2016 (S. Lachhman Singh v. Narula Garments and Anr.).

2. The order dated 9th March, 2022 closes the right of the petitioner to lead defence evidence and the order dated 17th May, 2022 dismisses an application, under Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking recall of the order dated 9th March, 2022.

3. The order-sheets, recording the course of proceedings in CS(SCJ)/83300/2016 before the learned SCJ have been placed on record. I deem it appropriate to reproduce the orders passed, day-to-day, in extenso thus:

"30.01.2021

Present: Ms. Inderjeet Saroop Ld Counsel for plaintiff.

Defendant no. 1 is exparte.

None for defendant no.2.

It is submitted by Ld Counsel for plaintiff that as per instructions from plaintiff, plaintiff wants to close his evidence as evidence has already been lead in respect to the issues, onus of which was upon plaintiff.

Separate statement of Ld Counsel for plaintiff is recorded to the said effect. In view of the statement, PE is close.

Defendant no.2 is given last opportunity to join the proceedings. It is clarified that only one opportunity shall be granted to defendant no.2 to lead his evidence as the matter is almost 7 years old and needs to be expedited.

List of witnesses be filed by defendant no.2 within 15 days from today. Copies of affidavits of the witnesses to be examined be supplied in advance to the counsel for plaintiff at least 2 weeks prior to the NDOH.

Put up for DE for 09.03.2021.

09.03.2021

Present: Ms. Inderjeet Saroop, Ld Counsel for plaintiff.

Defendant no.1 is exparte.

Sh. Gaurav Sharma, Ld Counsel for defendant no.2.

Copy of affidavits are stated to have not been supplied. Defendant no.2 is given final opportunity to file the same as per SOP and supply the copy of same to the opposite party.

Put up for DE for 22.04.2021.

Date is given as per convenience of both the parties.

26.08.2021

Present: Ms. Inderjeet Saroop, Ld Counsel for plaintiff.

Defendant no.1 is exparte.

Sh. Amit Gupta, Ld Counsel for defendant no.2.

It is submitted by Ld Counsel for defendant no.2 that an application under Order 12 Rule 6 CPC has been filed at the official email ID of this court. Copy is stated to have not been supplied.

Ld Counsel plaintiff has provided her e-mail/Whatsapp number for supplying the copy of the application. Copy be supplied against due receiving. Reply, if any be filed to the said application with advance copy to the opposite side.

Now matter be listed for reply and arguments on the application under Order 12 Rule 6 CPC for 27.09.2021.

27.09.2021

Present: Ms. Inderjeet Saroop, Ld Counsel for plaintiff.

Sh. Amit Gupta, Ld Counsel for defendant no.2.

Defendant no.1 is exparte.

Reply filed by plaintiff to the application of defendant no.2 under Order 12 Rule 6 CPC. Copy is stated to have been received two days back.

It is stated by ld Counsel for defendant that it was a lengthy reply running into 16 pages, he was not able to go through the same. Hence, it is prayed that one opportunity be granted to address the arguments. At request, last and final opportunity is granted.

It is submitted by Ld Counsel for plaintiff that at least affidavit of defendant's witnesses be supplied so that matter be expedited. The same be filed at least one week prior to the NDOH. The same will be taken on record subject to outcome of the above said application.

Put up for reply/arguments on the above said application for 23.11.2021.

23.11.2021

Present: Ms. Inderjeet Saroop, Ld Counsel for plaintiff.

Sh. Amit Gupta, Ld Counsel for defendant no.2.

Defendant no.1 is exparte.

It is submitted by Ld Counsel for plaintiff that despite direction, affidavit has not been supplied till date.

It is stated by Ld Counsel for defendant no.2 t

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