BABULAL Vs. TARACHAND

JUDGEMENT

(1.) With consent, the matter is finally heard. This is a petition, under Article 227 of the Constitution of India, for issuance of a writ in the nature of certiorari quashing the order dated 7-11-2012 (Annexure P-11) passed by Second ADJ, Gadarwara, Distt. Narsinghpur in Civil Suit No. 12-A/10, whereby respondents' application dated 16-10-2012 was allowed and accordingly, petitioner's right to lead further evidence was closed.

(2.) The suit has been filed by the petitioner for declaration of title in respect of a house and permanent injunction restraining the respondents from alienating/transferring the house or from interfering with his possession thereon in any manner. Upon his request, vide order dated 12-10-2011, Shri T.S. Thakur, Advocate was appointed as Commissioner for recording of cross-examinations and re-examinations of his witnesses, whose chief-examinations were furnished by way of affidavits. However, this exercise is yet to be completed.

(3.) Observing that delay is attributable to the petitioner inasmuch as he had failed to keep the witnesses present before the Commissioner, vide order dated 18-1-2012, the Trial Judge closed petitioner's right to adduce evidence. This order was interfered with by way of an order passed in W.P. No. 1833/12 on 16-3-2012 (that was modified vide order dated 19-4-2012 in Review Petition No. 336/2012) and in the interests of justice, last opportunity was granted to the petitioner for the purpose subject to payment of costs of Rs. 750/- with a further direction that he shall keep present all his witnesses on 26-4-2012.