Madan Prasad Sah @ Madan Prasad Gupta v. Devi Sahuwain
2021-10-22
RAJESH SHANKAR
body2021
DigiLaw.ai
ORDER : The present C.M.P. is taken up today through Video conferencing. The instant C.M.P. has been filed for setting aside the order dated 29.11.2019 (Annexure-4 to the C.M.P.) passed by Civil Judge (Sr. Division)-I, Deoghar in Title (D) Suit No. 186 of 2010, whereby the application of the plaintiff/petitioner dated 18.09.2019 filed under Section 151 C.P.C. to allow him to adduce remaining witnesses has been rejected. 2. Heard learned counsel for the petitioner and perused the content of the C.M.P. including the impugned order dated 29.11.2019. It appears that the suit which was filed in the year 2010 by the plaintiff/petitioner was taken up on several dates and the petitioner got opportunity to adduce his evidence from 17.09.2011 to 12.06.2012. However, he did not produce all of his witnesses. Thereafter, the defendants’ evidence was taken and was closed on 29.11.2016. Subsequently, on the prayer of the plaintiff/petitioner, his evidence was again opened for the second time and he got opportunity to adduce the remaining witnesses from 09.01.2017 to 06.08.2019. Despite getting the second opportunity to produce his remaining witnesses, the petitioner failed to do so and under the said circumstance, the trial court again closed the petitioner’s evidence. Thereafter, the petitioner filed petition dated 18.09.2019 for recalling the remaining plaintiff’s witnesses, which has been rejected vide impugned order dated 29.11.2019. 3. The manner in which the petitioner has proceeded in the suit filed by him is evident from the aforesaid facts. If he has not been able to produce all his witnesses, he can only be said to be responsible for the same. Admittedly, the petitioner has been granted two opportunities firstly, from 17.09.2011 to 12.06.2012 and secondly, from 09.01.2017 to 06.08.2019 to produce his remaining witnesses, however, he failed to do so. 4. In my view, sufficient opportunity has been granted to the petitioner by the learned trial court to adduce his evidence and thus he is not entitled to get any further indulgence for the said purpose. 5. Having found no infirmity in the impugned order dated 29.11.2019, I see no reason to interfere with the same. The C.M.P. is accordingly dismissed. I.A. No. 2255 of 2021 also stands dismissed.