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2022 Supreme(Online)(MP) 3569

HIGH COURT OF MADHYA PRADESH
Smt. Gangadevi Sharma W/O Shriram Sharma Thr. Power Of Attorney Holder Shri Ram Sharma – Appellant
Versus
Narendra Upadhyay – Respondent


Advocates:
Anil Kumar Saxena,

    ORDER

    This petition under Article 227 of the Constitution of India has been filed against the order dated 02.12.2022 passed by 4th Civil Judge, Senior Division, Morena in Civil Suit No.50-A/2017, by which right of the petitioner to examine Brajesh Kumar as a witness has been closed.

2. The facts necessary for disposal of the present petition in short are that by order dated 08.08.2019 passed by 3rd Civil Judge, Class-I, Morena in Civil Suit No.50-A/2017 the right of the petitioner to examine other witnesses was closed. The said order was challenged by the petitioner by filing M.P. No.4896/2019 which was decided by order dated 15.10.2019 with following observations: 10.

    has not committed any error in rejecting the application under order 16 Rule 1 of CPC for summoning the Brijesh Sharma, but has wrongly closed the right of leading the evidence as plaintiff has filed an application for adjournment on the next date the learned trial court ought to have considered the same and granted 15 days' time. Thus, considering the aforesaid, the order impugned to the extent of closing the right of the plaintiff to lead evidence is hereby set aside. An one opportunity is granted to the plaintiff to

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