The court may refuse to grant further adjournment if the party has been given multiple opportunities to produce evidence and has failed to do so without justification.

1. - -This is a revision against the order of the learned Addl. Civil Judge (Sr. Dn.) No. 2, Udaipur dated 17.1.1998 by which he did not grant further adjournment to the defendant to produce his evidence and closed the evidence of the defendant.

2. Learned counsel for the petitioner submitted that this Court in Civil Revision decided on 2.11.1998 had allowed the defendant petitioner to produce the two witnesses on 17.11.1998 by setting Aside the order of the learned trial Judge. He submitted that the defendant has left one witness and was to examine only Gurmit Singh who did not appear on 17.11.1998 because he was suffering from heart disease. The petitioner wanted ten days time but the same was not granted by the learned trial Judge as he could not have extended the time granted by this Court. Learned counsel for the petitioner submitted that last opportunity may be given to produce the witness.

3. On the other hand learned counsel for the respondent opposed the petition tooth and nail and submitted that there is no justification in giving further opportunity to the petitioner. He submitted that on earlier occasion i.e. on 9.4.1997 as well as on 12.7.1997 when the case was fixed for evidence this witness did not appear as he suffered from the heart disease. He submitted that the lower Court has mentioned in it's order that whenever the case is fixed for evidence of this witness he falls ill and pretext the heart disease is taken, He submitted that there is no error of jurisdiction committed by the learned trial Judge. Therefore, the revision petition should be dismissed.

4. I have considered the rival contentions. Number of opportunities was given to the petitioner defendant to produce the witness. It was also given on 17.11.1998 on cost by this Court even then the witness has not been examined for one reason or the other. It is apparent from the order of the learned trial Judge that whenever the case is fixed for evidence of this witness he is not produced because it is always said that he is suffering from heart disease. In these circumstances when even the High Court allowed the petitioner to produce his witness on 17.11.1998 and-he was not able to do it there is no justification to grant further time to the petitioner defendant.

5. I find that no error of jurisdiction is committed by the learned trial Judge. There is no force in this revision petition and it is hereby dismissed.Revision dismissed.

*******