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2022 Supreme(Raj) 2416

VINIT KUMAR MATHUR
Budhi Singh – Appellant
Versus
Lrs Of Guljar Singh – Respondent


Advocates appeared:
Mr. Trilok Joshi, for the Appellant
Mr. Prashant Sharma, for the Respondent.

ORDER

1. The present writ petition has been filed against the order dated 24.01.2018 passed by the Senior Civil Judge, Anupgarh District Sri Ganganagar, whereby, the application preferred under order 9 rule 4 read with Section 151 CPC was rejected.

2. Heard learned counsel for the parties.

3. Learned counsel for the petitioner submits that the petitioner-plaintiff preferred a suit for specific performance against the respondents-defendants which was decreed in his favour vide judgment dated 20.05.2005. However, aggrieved against the same, the respondents-defendants preferred an appeal before the Appellate Court. The Appellate Court vide its Judgment dated 05.10.2012 remanded the matter back to the trial court for deciding the suit afresh.

4. It was in these circumstances, the suit was pending consideration before the trial court. Learned counsel for the petitioner submits that although, ample opportunities were granted to the petitioner but for bona-fide reasons, the plaintiff- petitioner could not appear before the trial court and produce his evidence.

5. The counsel further submits that on 26.07.2016, the counsel for the petitioner could not appear before the trial court on account of

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