MOD HIKE PRIVATE LTD. v. UTTARAKHAND POWER CORPORATION LTD.
2015-08-05
U.C.DHYANI
body2015
DigiLaw.ai
JUDGMENT U.C. Dhyani, J. (Oral) Present Civil Revision has been filed by the plaintiff/ revisionist with the prayer that the impugned order dated 23.07.2015, passed by learned Additional District Judge, Vikas Nagar, Dehradun, in Original Suit No. 93 of 2011, Mod. Hike Private Ltd. vs. Uttarakhand Power Corporation Ltd. be set aside and the revisionist may be provided an opportunity to adduce evidence in the suit. 2. Heard learned counsel for the parties and perused the impugned order. 3. On perusal, there seems to be nothing wrong in the impugned order, in as much as, 12 opportunities for adducing the evidence were already granted to the plaintiff (revisionist herein) by the learned Trial Court. When the plaintiff failed to adduce the evidence on 12 consecutive occasions, the Court closed the evidence of the plaintiff. There is nothing wrong in the impugned order. No one can justify the plaintiff’s action, as to why, he did not adduce the evidence despite giving him opportunity on 12 occasions. No interference is called for in the order dated 23.07.2015 passed by learned Additional District Judge, Vikas Nagar, Dehradun. 4. But, there is yet another aspect of the matter. Learned counsel for the plaintiff/revisionist prayed for providing one more opportunity to the plaintiff to adduce the evidence, failing which, he says, that the opportunity of adducing the evidence may be closed. Although, learned counsel for the respondent objected to the same, yet it is desirable in the interest of justice and the Heavens will not fall if one more opportunity is granted to the plaintiff to adduce his evidence. 5. Civil Revision is, therefore, disposed of as follows: Plaintiff/revisionist shall adduce all his evidence before the Trial Court on 12.08.2015. This Court has been informed by learned counsel for the parties that the lawyers are abstaining from Court work at Dehradun, now a days. It is provided that if the abstention continues till 12.08.2015, the plaintiff shall bring all his witnesses in the witness box on 19.08.2015 before the Court below. If the plaintiff fails to do the same on that date, it will be presumed that he is not interested in furnishing his evidence and opportunity to adduce the evidence to the plaintiff/revisionist shall be closed. 6. It is made clear that it will be open to the parties to raise all the legal contentions, which are available to them, before the Court below.