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2018 Supreme(HP) 1330

SURESHWAR THAKUR
Bharti Kuthiala – Appellant
Versus
Vipin Chhibar – Respondent


Advocates Appeared:
Satyen Vaidya, Suneet Goel, Vivek Sharma, Advocates for the appearing parties.

JUDGMENT

Sureshwar Thakur, J —A perusal of the relevant zimani orders, appended with the petition, make disclosures, qua upon closure of the plaintiff''s evidence, in the affirmative, on, 10.6.2016, thereafter the relevant opportunities for adduction of defendants'' evidence, being afforded to the latter. However, since 11.8.2016 upto 29.8.2017, the apposite opportunities remained un-availed, by the defendant, besides when the matter was listed on 9.11.2017, for adduction, of, defendants'' evidence, thereat rather, an application was moved, cast under the provisions Order 8 Rule 1 (A) (3) read with Section 151 CPC, seeking therein, hence leave of the Court, to, place on record certain documents. The learned counsel for the petitioner, contends with vigor that (i) the granting, of, apt repeated apposite opportunities vis- -vis the defendant, for, the relevant purpose, from 10.6.2016 upto 9.7.2017, being improper, (ii) significantly, when the apposite nonavailment(s) , was, prima facie , a, sequel, of, a clever mechanism, adopted by the defendant concerned, to prolong and protract the litigation, hence, the learned trial Judge, in, granting, the apposite opportunities, to the defendan

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