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2022 Supreme(Raj) 1672

ASHOK KUMAR GAUR
Ram Lal – Appellant
Versus
Santosh Chauhan – Respondent


Advocates appeared:
Mr.Shailendra Sharma for Mr.Alok Chaturvedi, Advocate, for the Petitioner
Ms.Harshita Gupta for Mr.Ram Naresh Vijay, Advocate, for the Responden

JUDGMENT

1. This writ petition has been filed by the petitioner-plaintiff challenging the order dated 16th May, 2018, whereby the Civil Court has closed the right of petitioner-plaintiff to lead his evidence.

2. The order dated 16th May, 2018 was also assailed by the petitioner by filing an application under Sections 151 and 152 of CPC and the said prayer has also been declined by the Civil Court vide order dated 15th January, 2019.

3. Learned counsel for the petitioner-plaintiff submitted that though suit has been filed by the petitioner challenging the sale deed, executed in favour of the respondent-defendant, however, the evidence of the petitioner could not be completed, as during pendency of the suit, sometimes proceedings were transferred to the different Courts and sometimes, there was even suggestion of settling the dispute amicably.

4. Learned counsel submitted that in absence of any evidence in favour of the petitioner-plaintiff, the suit, filed by the petitioner, could not be properly prosecuted by him and as such, in the interest of justice, this Court may interfere in the present case and grant one opportunity to the petitioner to lead his evidence.

5. Learned counsel for t

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