Mahesh Bhagwati, J. - (1.) CHALLENGE in this writ petition is to the order dated 31.3.2010 rendered by Civil Judge (Jr. Division), Lalsot, District Dausa, whereby the application filed by the Petitioner -Plaintiff seeking adjournment for his cross -examination was dismissed and the order dated 4.5.2010, whereby the application filed by the Petitioner -Plaintiff for recording his evidence had been dismissed.
(2.) HAVING heard the learned Counsel for the Petitioner and carefully scanned the relevant material on record including the impugned orders, it is noticed that the Petitioner -Plaintiff filed a suit for mandatory and permanent injunction against the Respondent -Defendant. On 7.3.2006, the learned trial court framed the issues and posted the matter for recording the Plaintiff's evidence, but he did not lead the evidence. On 7.11.2006, last opportunity was granted to the Plaintiff for leading evidence. Thereafter on 26.4.2007, an affidavit was filed by the Plaintiff -Petitioner, but he did not appear in evidence. Subsequently ample opportunity was granted to the Plaintiff -Petitioner for his appearance for cross -examination, but he did not appear in the court. On 18.7.2007, last opportunity was granted to the Petitioner -Plaintiff to appear in the court for his cross -examination, but he failed to appear and moved an application dated 31.3.2010 imploring the court to grant an adjournment as he was suffering from diarrhea. It is relevant to record that earlier also, an application of the same nature stating that the Petitioner -Plaintiff was suffering from diarrhea was filed before the court on 1.11.2007. The learned trial court, having analyzed the entire facts and circumstances of the case, dismissed the application vide order dated 31.3.2010. Thereafter, the Petitioner -Plaintiff again filed an application on 26.4.2010 imploring the Court to record his evidence. The learned trial court, vide its order dated 4.5.2010, dismissed the application.
(3.) IT is relevant to point out that this Court vide order dated 29.7.2009 rendered in S.B. Civil Writ Petition No. 7499/2007, while granting an opportunity to the Petitioner -Plaintiff to bring all the witnesses before the court subject to the payment of cost of Rs. 2000/ -, directed the learned trial court that Plaintiff's evidence would be recorded on the next date, already fixed and responsibility was fixed on the Plaintiff Petitioner to bring all the witnesses before the Court on the said date. It was further directed by this Court that no further opportunity would be granted to the Plaintiff.;