Indore Rolling Mills v. M. P. Electricity Board, Jabalpur
1979-01-22
S.R.VYAS
body1979
DigiLaw.ai
Short Note : 1. The non-applicant-plaintiff had instituted a suit against the applicants for Rs. 49,367.85, On the issues framed for trial between the parties the defendants were to lead their evidence. The defendants examined some witnesses, the last date fixed for their evidence was 2-8-1977. On that date, as none of the remaining witnesses of the defendants was present and the defendants were also absent, their evidence was closed. The case was then fixed for the plaintiff's evidence. While the plaintiff's evidence was being recorded, the defendants submitted an application on 20-9-1977 and prayed for the examination of one - one of the defendants who was kept present. This application was opposed by the plaintiff and was rejected by the learned trial Judge by the impugned order on the ground that the evidence of the said witness could have been adduced earlier and as the application was not bona fide the same was liable to be rejected. It is the correctness of this order that it is challenged by the present revision application. Held : It is not disputed that as prayed in the said application dated 20-9-1977 one of the defendants was sought to be examined on a date when he was kept present. No doubt prior to that date, the defendants evidence had been closed on 2-8-1977. According to the applicants, evidence of the witness was necessary in respect of certain documents regarding which there was an order for admission and denials to be made by the plaintiff. At this stage, it need not be decided as to whether the evidence sought to be given by the examination of the said witness would or would not be relevant on the issue framed for trial between the parties. This question can if it arises be decided only after evidence is given by the said witness. However, in order that both the parties may have a fair trial and have an opportunity to lead all necessary evidence I deem it proper to allow this application so that this question may not remain open even after the suit is finally decided by the trial Court. 2. Accordingly, the application made by the applicant on 20-9-1977 is allowed. The trial Court shall fix a date on which the witness named in the said application shall be kept present by the applicants.
2. Accordingly, the application made by the applicant on 20-9-1977 is allowed. The trial Court shall fix a date on which the witness named in the said application shall be kept present by the applicants. If the witness is kept present he shall be examined as a witness of the applicants. In case the plaintiff wants to lead any additional evidence in rebuttal of the evidence, which may be given by the said witness as per this order, the plaintiff shall be given necessary opportunities in that behalf. The applicants shall, however, pay Rs. 200 as costs to the non-applicant as condition precedent for being permitted to examine the said witness. Revision allowed.