Order on Board

1. Heard.

2. Present is a writ petition filed by the petitioner under Article 227 of the Constitution of India challenging the order dated 16.03.2026 passed by learned First Civil Judge, Senior Division, Mahasamund in Civil Suit No. S-07B/2024 whereby the plaintiff’s right to lead evidence have been forfeited and the case has been fixed for recording of the defendant’s evidence.

3. Learned counsel for the petitioner would submit that though the petitioner is the plaintiff before the learned trial Court and he prosecuting the civil suit for recovery of the amount of Rs. 5,90,000/- against the defendant, however, due to unavoidable circumstances which coincidentally occurred on the date of incident, could not produce his witnesses before the learned trial Court for their examination. He would further submit that on the earlier occasions, there was sufficient reason for adjournment of the proceeding and the learned trial Court adjourned the proceeding of the case after deposing cost which has been deposited before the learned trial Court. He would further submit that the plaintiff’s suit was for the recovery of the amount and forfeiting his right to lead evidence which amounts to depriving from the legal remedies for the reason which is beyond his control. He would further submit that one opportunity may be granted to the petitioner to examine the witnesses before the learned trial Court. He would also submit that on 16.03.2026, the petitioner had gone to Raipur for treatment of his mother as there is no other male member in his family to take her care. The application for adjournment was made before learned trial Court but the same was dismissed and the right to lead evidence has been forfeited, therefore, opportunity may be granted to the petitioner/plaintiff to lead there evidence. He would also submit that no prejudice is being caused to the defendant as the defendant’s witnesses yet not have been started. Therefore, the impugned order may be set aside and opportunity may be granted to him.

4. I have heard learned counsel for the petitioner and perused the material annexed with the petition.

5. From perusal of the order sheets, it transpires that after framing of the issues, the case was fixed for recording the plaintiff’s evidence on 16.04.2025, however, on that day, an application under Order 7 Rule 14(3) of the CPC was filed by the plaintiff which was allowed on 10.06.2025, thereafter, the case was sent for mediation and it was ultimately came back to the learned trial Court on 19.08.2025. The case was again fixed for recording of the plaintiff’s evidence on 22.09.2025, however, on 22.09.2025, the case was again adjourned for the reason that there was a condolence proceeding on account of death of an Advocate and the case was fixed for 08.10.2025. On 08.10.2025, on the request made by the plaintiff, the case was adjourned and it was again fixed for 19.11.2025, however, on 19.11.2025, the Presiding Officer was on leave and the case was again adjourned for 15.12.2025. On 15.12.2025, an application was again made by the plaintiff that due to some religious ceremony, he is out of station and prays for adjournment and on that day, the case was adjourned subject to payment of cost of Rs. 500/-, subsequently, on 23.01.2026 also, an application was made by the plaintiff that he is out of station due to his family work and again the date was adjourned subject to payment of cost of Rs. 1000/- and last opportunity was given to him. On 20.02.2026, again the plaintiff sought adjournment on the ground of marriage function of the relatives, again the case was adjourned subject to payment of cost of Rs. 2000/- and the case was fixed for 16.03.2026.

6. On 16.03.2026, when the matter was called for hearing an application was again filed by the plaintiff for adjournment of the case on the ground that he had gone to Raipur for treatment of his mother and he being the lonely son has to take her care. On 16.03.2026, the learned t