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1999 DIGILAW 247 (HP)

WAZIRU v. STATE OF H. P.

1999-11-18

M.R.VERMA

body1999
JUDGMENT M. R. Verma, J.:- This revision petition is directed against the order dated May 26, 1999 passed by the learned Sub Judge, I-CIass, Chamba whereby the evidence of the plaintiff has been closed on the ground that many opportunities had been granted to the plaintiff to lead the evidence but he had not taken any steps to summon the PWs. 2. I have heard the learned Counsel for the petitioner/plaintiff (hereinafter referred to as the plaintiff) and the learned Additional Advocate General for the respondents/defendants. 3. A perusal of the impugned order reveals that the evidence of the plaintiff has been closed by the learned trial Judge on the ground that many opportunities had already been granted to the plaintiff to lead the evidence which he had not availed of hence he thought it proper not to grant any further opportunity to the plaintiff to lead evidence and closed the evidence. 4. A perusal of the record reveals that for the first time the case was listed for evidence of the plaintiff on July 2, 1998. However, on that date the Presiding Officer himself was on leave. Evidently, this opportunity could not have been availed of by the plaintiff to lead the evidence because of the absence of the Presiding Officer himself. The case thereafter was listed for evidence of the plaintiff for November 9, 1998. Even on that date the Presiding Officer was not present and was on tour. Thus, the plaintiff could not lead evidence even on this date. Thereafter, the case was listed for evidence of the plaintiff on May 26, 1999 when two PWs. were examined and the evidence of the plaintiff was closed. 5. The facts as stated here-in-above make it crystal clear that the opportunities which were earlier afforded to the plaintiff could not be availed of because of the absence of the Presiding Officer himself and such opportunities could not be made a ground for closing the evidence of the plaintiff. The impugned order, therefore, is unwarranted, unjustified and unsustainable. 6. As a result, this revision petition is allowed and the impugned order is set aside. The learned trial Judge will give further reasonable opportunity to the plaintiff to lead evidence and then proceed to dispose of the suit in accordance with law. Dasti copy, as prayed for, on usual terms. Petition allowed.