DINESH CHANDRA SOMANI, J. - (1.) By way of this petition under Article 227 of the Constitution of India, the plaintiff/petitioner assailed the order dated 19.07.2017 passed by the learned Additional District Judge No. 3, Beawar District Ajmer (hereinafter referred as "the learned trial Court") in Civil Suit No. 123/2012, whereby the learned trial Court dismissed the application filed by the plaintiff/petitioner under section 151 of CPC to provide an opportunity to produce the witness Banshi Lal in his evidence.
(2.) Material facts necessary for disposal of this petition are that the plaintiff/petitioner filed a civil suit against the defendant/respondent for recovery of Rs. 1,32,500/- stating therein that the defendant took a loan of Rs. 97,000/- from him vide cheque of MGB Gramin Bank. The defendant did not return the amount of loan despite requests and legal notice. The defendant filed a written statement and contested the claim of the plaintiff denying all the averments contained in the plaint and prayed for dismissal of the suit.
(3.) On basis of the pleadings of the parties, learned trial Court framed issues on 19.07.2016 and fixed the case for plaintiff's evidence. The plaintiff/petitioner filed affidavit of his own and exhibited five documents in his evidence. On 26.05.2017, the plaintiff was cross-examined by the defendant and learned counsel for the plaintiff prayed for adjournment to produce remaining evidence. The learned trial Court declined the request and closed the evidence of the plaintiff and fixed the case for defendant's evidence. Thereafter, on next date 19.07.2017, the plaintiff/petitioner filed an application under section 151 of CPC, which was dismissed by the learned trial Court vide impugned order dated 19.07.2017.;