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SANJAY VASHISTH
Canara Bank through its GPA – Appellant
Versus
Bhupinder Hosiery VPO Darbi – Respondent
JUDGMENT :
SANJAY VASHISTH , J.
1. Present revision petition has been directed by the petitioner against the order dated 04.10.2023 (P-1), passed by Ld. Civil Judge (Junior Division), Sirsa, whereby, evidence of the petitioner (plaintiff therein), has been closed on account of the fact that despite availing several effective opportunities, petitioner failed to conclude his evidence.
2. Briefly, facts of the case are that plaintiff (petitioner herein) filed a suit for Recovery of Rs. 11,19,843/- against the defendants (respondents herein) in which, notice was issued for 20.05.2020 to defendants. After completion of pleadings, issues were framed on 10.08.2021 by Learned Trial Court and the case was fixed for plaintiff’s evidence for 08.11.2021.
3. For the sake of convenience and brevity, the proceedings conducted before the Learned Trial Court on various dates is represented below chronologically:
4. Counsel for the petitioner submits that if one opportunity is granted, subject to the payment of some costs, he undertakes to complete his evidence by producing the witnesses. Counsel for
Judicial discretion must balance the need for expeditious trial with fairness to parties, allowing limited opportunities for evidence while preventing indefinite delays.
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
The court emphasized the importance of judicial discretion and procedural law in achieving the ends of justice, highlighting that the closure of evidence should be a last resort and adequate opportun....
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
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