NARENDRA KUMAR JAIN, J. - (1.) Heard learned counsel for the parties.
(2.) Plaintiff-petitioners filed a suit for permanent injunction in the trial court, wherein the issues were framed on 7th October, 1997, and thereafter the case was fixed from time to time on about 35 dates for plaintiff's evidence. The plaintiff's evidence was closed on 8th September, 2003. The defendant's evidence was also recorded and case was fixed for final arguments.
(3.) The plaintiffs filed an application under Order 16 Rule 14, Order 18 Rule 22 and Section 151 CPC, in the trial court on 23rd April, 2004, to afford them an opportunity to examine two important witnesses, namely, Ramanlal and Devendra Sharan Pathak, contending therein that when new Advocate was engaged in the case on their behalf then he inspected the file and came to know that two important witnesses were necessary to be examined on behalf of the plaintiffs in the case but the same were not examined and the evidence was closed, therefore, in the interest of justice, the plaintiffs may be allowed to examine two witnesses on their behalf in the case.;