Closing evidence is impermissible when a party has made reasonable efforts to produce a duly served witness, ensuring the right to a fair trial is preserved.

JUDGMENT :

Parmod Goyal, J.

Petitioner is aggrieved by the impugned order dated 22.09.2025 (Annexure P-6), vide which defendant’s evidence was closed.

2. Following order was passed by the Court on 22.09.2025 :-

“DW1 Yogesh Ghai is present and recorded. No other DW is present. Despite service of notice, PW Clerk O/o District Disaster Management Committee, Rohtak not appeared. Perusal of file shows that defendant has availed several opportunities including two last opportunities for concluding his evidence, but he failed to do the same. Further adjournment for the same purpose is not justified. Hence, defendant’s evidence is hereby closed by the Court order.
Now, case is adjourned to 29.10.2025 for rebuttal evidence, if any otherwise for arguments.”

3. Perusal of impugned order goes to show that one DW was present and examined and other DW i.e. Clerk from Office of District Disaster Management Committee, Rohtak stood duly served, but had failed to appear.

4. Once a witness is served and has failed to appear, it is the duty of the Court to ensure presence of such witness and for non-appearance of a served witness, party wanting to examine him cannot be faulted with. Evidence cannot be closed merely on the ground that he has already availed several opportunities. It is the duty of the Court to ensure presence of witness who has been duly served through the process of Court. The Court can close the evidence of witnesses only when plaintiffs or defendants are not taking interest in examining the witnesses or serving the witnesses. If plaintiffs or defendants are taking all steps within their might, they cannot be faulted with and merely availing number of opportunities could not take away their right to examine the witnesses. Accordingly, impugned order cannot be sustained and the same is set aside. Learned Court of first instance shall ensure the presence of witness and examine the same in accordance with law.

5. It is made clear that evidence of all other witnesses be also concluded by defendant on the next date of hearing or along with examination of DW already summoned by him and no separate opportunity for concluding defence evidence shall be granted to him. Petition is accordingly disposed of in above terms.