RAM KARAN JAIN Vs. RENU BALA

JUDGEMENT

(1.) Being aggrieved by the orderdated 5.11.1998 dismissing the application petitioners under Section 151 Civil Procedure Code praying to recall the order dated 8.1 C refusing the defendants to lead their evidence, the petitioners/defendants preferred this revision petition in this Court.

(2.) The aforesaid suit was instituted by the respondent/plaintiff seeking for a c for declaration and injunction which was reqistered as Suit No 272/1980 I were framed in the aforesaid suit and the suit was listed for recording evidence of the respondent's/plaintiffs witnesses. The plaintiff examined her last witness on 4.11.1997 when the suit was adjourned for cross-examination of the witness by the defendants. The aforesaid suit was thereafter adjourned from time to time for cross-examination of the said witness of the plaintiff till 30.5.1998. It appears that the said witness cold not be cross-examined by the defendants mostly due to non-availability of their counsel.

(3.) On 30.5.1998 cross-examination of the said witness was closed an was directed to be listed for recording evidence of the defendants. On 8.9.1998 counsel for the defendants sought for an adjournment on the ground that he was under a wrong impression that an application under Order 22 Rule 3 Civil Procedure Code would be considered, but it transpired that the said application was disposed of long ago and that the matter was actually listed for recording evidence of the defendnts. An adjournment was sought for on the aforesaid ground contending that the counsel was not prepared to produce the witness. The Civil Judge recorded in the said order that various opportunities were given to the defendants for defence evidence, but although there was no ground for any adjournment, however in the larger interest of justice, one final opportunity to lead entire evidence was granted failing which, the opportunity would be deemed to be closed and the case was adjourned to 8.10.1988 for defendants evidence.