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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA, J
M/S. SHRI VISHNU RIFRACTORIES LTD. – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 eviden
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.
Defendants must comply with procedural requirements and take timely action to adduce evidence, failing which their plea to reopen evidence may be dismissed.
Defendants entitled to adduce evidence in Will-based suit despite delays to ensure fair trial.
Courts may close plaintiff's evidence after multiple (more than three) wasted opportunities in old suits; delays often due to parties' conduct, not judicial inaction; no interference warranted.
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
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