- (1.) Rajasthan Financial Corporation had filed a civil suit in the Court of Additional District Judge, Beawar, District Ajmer. After trial of the suit was complete and the case was reserved for judgment, an application under Order 13, Rule 2, CPC was moved by the plaintiff. This application was rejected by the trial Court holding that after the arguments were heard and case was closed for judgment, the Court was not compelled to accept any application from the parties. Aggrieved by that order, the Rajasthan Financial Corporation has filed this revision petition.
(2.) The only point to be decided in the case is whether a party could move an application after the final arguments in the case were heard and the case was reserved for judgment.
(3.) In Arjun Singh v. Mohindra Kumar, AIR 1964 SC 993, in para 19, the Supreme Court has observed as under : "In the present context when once the hearing starts, the Code contemplates only two stages in the trial of the suit : (1) where the hearing is adjourned or (2) where the hearing is completed. Where the hearing is completed the parties have no further rights or privileges in the matter and it is only for the convenience of the Court that O. XX, R. 1 permits judgment to be delivered after an interval after the hearing is completed. ..... "There is thus no hiatus between the two stages of reservation of judgment and pronouncing the judgment so as to make it necessary for the Court to afford to the party the remedy of getting orders passed on the lines of O. IX, R. 7.";