A court must provide parties a fair opportunity to present evidence, as unjust closure of rights can be corrected.

Order on Board

27.01.2025 Heard.

1. The petitioner has filed this petition seeking the following relief(s):-

“a. That, the Hon'ble Court may kindly be pleased to allow the petition by setting aside the impugned order dated 28.11.2024 (Annexure P/4) so far as it rejects application of petitioner for adducing evidence and giving adjournment on the ground of calamity in the house of counsel for petitioner, therefore one opportunity be given to the petitioner for adducing evidence.

b. Cost of the petition be awarded and, c. Any other relief or direction which the Hon'ble Court may deems fit, be also awarded.”

2. The facts of the present case are that the plaintiffs/respondents No.1 to 3 instituted a Civil Suit for declaration of title and possession over the suit property. During the pendency of the civil suit, the petitioner/defendant No.5 moved an application under Order 18 Rule 4 of the CPC and the same was rejected by the learned Trial Court vide order dated 28.11.2024. Against the impugned order dated 28.11.2024, the present petition under Article 227 of the Constitution of India has been preferred by the petitioner/defendant No.5.

3. Mr. Tiwari, the learned counsel appearing for the petitioner/defendant No. 5 would submit that defendant No. 5 submitted his examination-in-chief on 14.11.2024 by way of an affidavit under Order 18 Rule 4 of CPC. He would further submit that an application under Order 8 Rule 1 of the CPC was moved and the same was allowed by the Court below. He would contend that the petitioner moved an application seeking adjournment but the same was rejected and his right to lead evidence was closed vide order dated 28.11.2024. He would further contend that the learned Court below committed an error of law in closing the right of the petitioner to lead evidence.

4. Heard the learned counsel appearing for the petitioner and perused the documents placed on record.

5. Taking into consideration the fact that the learned Trial Court closed the right of the petitioner/defendant No.5 to lead evidence only on the ground that he could not appear before the Court below at sharp 11:00 a.m. The reason assigned by the learned Trial Court appears to be erroneous, therefore, the order dated 28.11.2024 is hereby set aside and the same is allowed subject to payment of a cost of Rs.2,000/- payable to the plaintiffs. The learned Trial Court is directed to grant one more opportunity to the petitioner to lead evidence.

6. The objection raised by the Registry is hereby ignored.

7. With the aforesaid observation(s)/direction(s), the present petition is disposed of.

8. The interim order granted earlier is hereby vacated.