J.V. Gupta, J. - (1.) This revision petition is directed against the order of the trial Court dated March 1, 1988 whereby the evidence of the plaintiff was closed under section 35 B, Code of Civil Procedure, (hereinafter called the Code).
(2.) The plaintiff filed the suit for declaration on August 4, 1986. On the earlier date, the costs were awarded against him, but he failed to pay the same and his evidence was closed under section 35B of the Code by Court order. According to the petitioner, on March 1, 1988, when the impugned order was passed, no one appeared for the plaintiff' Shri A.K. Bansal, appeared as proxy for the plaintiffs counsel and, therefore, the provisions of section 35B of the Code could not be invoked. Though there is no merit in this petition, yet since further proceedings were stayed on April 5, 1988 i.e. more than two years back by this Court, it is directed that the petitioners will be given one more opportunity to lead their evidence at their own responsibility on payment of Rs. 300/- as costs which shall be in addition to the costs already awarded by the trial Court. Since the petitioners are to suffer for the fault of their counsel, they will be entitled to recover the same from him. The parties are directed to appear in the trial Court on November 6, 1990. On which date the costs awarded by this Court as well as awarded by the trial Court will be paid and the trial Court will then fix a date for the plaintiffs evidence at their own responsibility; failing which revision petition shall stand dismissed. Ordered accordingly.;