The court upheld the trial Court's discretion in managing evidence, ruling that repeated failures by the plaintiff to present evidence justified the dismissal of the reopening application.

Order :

1. This civil writ petition has been filed by the petitioner-plaintiff (for short ‘the plaintiff’) against the order dated 16.11.2024 passed by Civil Judge and Judicial Magistrate No. 2, Alwar in case No. 200/2024 whereby the application filed by the plaintiff for re-opening the plaintiff’s evidence has been dismissed.

2. Learned counsel for the plaintiff submits that the plaintiff filed a suit for mandatory and permanent injunction against the respondents-defendants (for short ‘the defendants’) in which plaintiff could not attend the trial court on 20.04.2023, therefore, trial Court closed plaintiff’s evidence. Thereafter, the plaintiff filed an application before the trial Court for re-opening his evidence but the trial Court vide order dated 16.11.2024 dismissed the same. Learned counsel for the plaintiff further submits that the order dated 16.11.2024 passed by the trial Court be set aside and one more opportunity be given to the plaintiff for adducing the evidence.

3. I have considered the arguments advanced by the learned counsel for the plaintiff and perused the impugned order.

4. It is an admitted position that trial Court granted ample opportunities for adducing evidence and also granted an opportunity on cost of Rs. 500/- on 11.11.2022 to plaintiff to adduce evidence but he failed to do so. So, the trial Court closed the plaintiff’s evidence on 20.04.2023. After that, defendant did not adduce his evidence and defendants’ evidence was closed on 21.12.2024 and the matter was posted for final arguments but even then the plaintiff filed an application for giving him an opportunity for adducing the evidence in rebuttal. Trial Court dismissed the said application. So, in my considered opinion, despite the proper opportunities having been granted to the plaintiff, the plaintiff failed to adduce the evidence. So, the trial Court rightly closed the evidence of the plaintiff on 16.11.2024.

5. Since, the plaintiff filed an application for reopening his evidence on wrong facts whereas no such fact was found to be available on record by the trial Court, I am of considered opinion, the petition filed by the plaintiff deserves to be dismissed with cost, which stands dismissed with cost of Rs. 25,000/-, to be deposited with Rajasthan State Legal Services Authority, Jaipur.

6. Pending application(s), if any, stand(s) disposed of.