ORDER :

(Inderjeet Singh, J.)

These writ petitions have been filed by the petitioner-plaintiff challenging the order dated 12.10.2022 whereby the evidence of the petitioner-plaintiff was closed by the trial Court as well as the order dated 16.11.2022 whereby the application submitted by the petitioner-plaintiff under Section 151 C.P.C. for reopening of evidence was dismissed by the trial Court.

2. Brief facts of the case are that the petitioner-plaintiff filed a suit for declaration and cancellation of order of sub division and mandatory injunction. Initially the suit filed by the petitioner plaintiff was decreed by the trial Court vide order dated 22.07.2014. Being aggrieved by the said judgment and decree, the respondent Nos.6 & 7 filed Civil First Appeal No.459/2014 before this court which was allowed by the Coordinate Bench of this court and matter was remanded back to the learned trial Court vide order dated 21.01.2019 and the petitioner-plaintiff filed amended plaint and impleaded the respondent Nos.6 & 7 as defendants in the suit proceeding, thereafter during pendency of the suit proceeding, the respondent Nos.6 & 7 filed application under Order 7, Rule 11 C.P.C. before the trial Court which was dismissed by the trial Court vide order dated 20.09.2021. Being aggrieved by the said order, the respondent Nos.6 & 7 filed S.B. Civil Revision Petition No.138/2021 before this court which was dismissed by the Coordinate Bench of this Court vide order dated 16.02.2022 and directed the trial Court to decide the suit within a period of nine months. The learned trial Court when the petitioner-plaintiff failed to submit its evidence, closed the right to submit the evidence vide order dated 12.10.2022. The petitioner-plaintiff thereafter filed an application under Section 151 C.P.C. for reopening of its evidence which was dismissed by the trial Court vide order dated 16.11.2022, hence this writ petition has been filed by the petitioner-plaintiff challenging the orders dated 12.10.2022 & 16.11.2022.

3. Counsel for the petitioner-plaintiff submitted that the evidence could not be produced before the trial Court as the counsel appearing for them failed to inform them with regard to submitting of their evidence however submitted that one last opportunity be granted to them to submit their complete evidence before the trial Court on payment of cost.

4. Counsel for the respondents opposed the writ petition and submits that the petitioner-plaintiff wants to delay the suit proceedings. Counsel further submits that no sufficient cause has been shown by the petitioner-plaintiff for reopening of the evidence. Counsel further submits that as per the provisions of Order 17(1) only three opportunities can be granted to the petitioner-plaintiff to submit their evidence, however in the present case, five opportunities have been granted by the trial Court and prayed for dismissed of the writ petition.

5. Heard counsel for the parties and perused the record.

6. These writ petitions filed by the petitioners-plaintiffs deserves to be allowed for the reasons firstly, a bare perusal of the order dated 16.11.2022 passed by the learned trial Court clearly shows that the trial Court in a hurried manner in one month's time given five opportunities to the petitioner-plaintiff for submitting the evidence, secondly, the matter got delayed before the learned trial Court as the respondent Nos. 6 & 7 have filed the application under Order 7, Rule 11 C.P.C. which was dismissed in the month of September, 2021 and thereafter, the respondents Nos.6 & 7 have also filed revision petition before this court which was ultimately decided by this court in the month of February, 2022, ther