ASHOK KUMAR Vs. NAGAR PALIK NIGAM

JUDGEMENT

(1.) The instant first appeal under Section 96 of C.P.C. is directed against the order dated 28-2-2003 passed by Ilnd Additional District Judge, Durg in Civil Suit No. 6-A/2001 whereby and whereunder the appellant's/ plaintiff's suit has been dismissed for want of proof under Order 17 Rule 3 of C.P.C.

(2.) Brief facts of the case are as under:-

(3.) The appellant/plaintiff had filed a suit claiming relief of declaration, permanent injunction as well as for execution of sale deed in plaintiffs favour. The trial Court framed various issues on 10-1 -2002. Thereafter the case as Fixed for plaintiff's evidence on 28-2-2003. On 28-2-2003, neither plaintiff nor his witnesses were present before the Court. The counsel appearing on behalf of the plaintiff/ appellant sought adjournment on the ground that the plaintiff is out of station. Prayer was opposed by the respondent's counsel. Learned trial Court after recording a finding that despite having several opportunities to adduce evidence, the plaintiff failed to adduce any evidence and since the suit is an old one and last chance was given to the plaintiff for producing his witnesses, thus it would not be in the interest of justice to grant him further time and dismissed the suit under Order 17 Rule 3 of C.P.C. and thereafter vide this Court's direction dated 9-12-2005, a decree has also been drawn by the Court below.