Devi Lal Thro’ his Lrs v. Addl. District Judge Sangaria
2007-04-26
GOPAL KRISHAN VYAS
body2007
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the. parties. 2. In this case, the petitioners are challenging the order dated 25.2.2003 as well as the order dated 12.3.2003 passed by Additional District Judge, Sangaria, District Ilanumangarh whereby the application filed by the plaintiff for providing opportunity to lead his evidence was rejected. 3. While issuing notice, the further proceedings in Civil Original Suit No. 29/2002 pending in the Court of Additional District Judge, Sangaria was stayed by this Court vide order dated 17.2.2004. At this stage, learned counsel for the petitioners Submit that stay is in force since last three years as such the impugned orders may be quashed and trial Court may be directed to provide one opportunity to the petitioners-plaintiff to lead their evidence and suit may be decided. 4. Learned counsel for the respondent agreed that one opportunity may be granted to the plaintiff-petitioners to lead their evidence, if any, before the trial Court while mashing the order impugned. 5. Upon this agreement of both the parties, the order impugned dated ".5.2.2001 and 12.3.2003 are quashed and set aside. The petitioner-plaintiff are directed to adduce their evidence before the trial Court on 24.5.2007. On that day, the evidence produced by the plaintiff shall be recorded by the trial Court and no further opportunity for producing the evidence will be granted to the plaintiff. 6. With these directions, this writ petition is disposed of with cost of Rs. 1,500/-. The cost may be paid to the respondent-defendant.Petition disposed of with cost. *******