Alok Sharma, J. - (1.) This civil first appeal under Section 96 CPC has been filed by the appellant-plaintiff (hereinafter 'the plaintiff') against the judgment and decree dated 27.04.2013 passed by Additional District Judge No.l Ajmer dismissing the plaintiff's suit for damages.
(2.) At the outset it is necessary to note that the suit filed by the plaintiff has been dismissed by the trial court holding that in support of plaintiff's pleadings no evidence was laid before it.
(3.) Learned Senior counsel appearing for the plaintiff has submitted that the circumstances in which the evidence could not be laid before the trial court are peculiar, inasmuch as on the matter coming up before the court on 23.03.2013 last opportunity for leading plaintiff's evidence was allowed by the trial court to the plaintiff on cost of INR 500/- and it was recorded by the trial court that in the event the plaintiff's evidence was not brought on record on the next date it would stand closed. The case was directed to be listed on 18.04.2013, as it subsequently transpired but the counsel appearing for the plaintiff before the trial court Mr. Lalit Sogani, 80 years old and a reputed counsel, however recorded the next date in the case for further proceeding for plaintiff's evidence as 18.05.2013 instead of 18.04.2013. And in terms of the order dated 23.03.2013 the matter was taken up on 18.04.2013, when neither the plaintiff's counsel was present nor the plaintiff himself on the matter being called out by the court. Consequently, the learned trial court noting that issues in the suit were framed on 14.10.2010 and taking into consideration its earlier order dated 23.03.2013 closed the plaintiff's evidence and defendants were required to bring on record their evidence on 24.04.2013. However, 24.04.2013 and 25.04.2013 being holidays, as per practice of the trial court the matter was taken up on 26.04.2013. Order-sheet of the trial court of 26.04.2013 records the presence of plaintiff's counsel, which has been emphatically denied by the learned Senior Counsel appearing on behalf of plaintiff. The defendants on their part before the trial court on 26.04.2013 taking note of the fact that there was no evidence of the plaintiff to rebut, stated that no defence evidence was to be laid before the trial court. Thereupon the matter was fixed by the trial court for final arguments on 27.04.2013 and the suit was dismissed by the trial court on merits by its judgment of 27.04.2013 on the obvious ground that the plaintiff had been unable to prove its case. Hence this civil regular first appeal.;