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2022 DIGILAW 886 (MP)

Sai Pooja Education Societythrough Its Secretary Ashish Saraph v. Pooja Yadav

2022-07-01

DWARKA DHISH BANSAL

body2022
ORDER 1. Heard on admission. 2. This Misc. Petition has been filed challenging the order dated 13.06.2022 (Annexure P-3) passed by Ilnd District Judge, Jabalpur whereby right of plaintiffs to file affidavits of other witnesses was closed for want of filing of all the affidavits under Order 18 Rule 4 CPC on the same and one date i.e. 13.06.2022. 3. Learned counsel for the petitioners submits that there is no provision in the CPC, specially under Order 18 Rule 4 CPC, which makes mandatory for filing affidavits of all the witnesses on one date. He submits that because crossexamination of the plaintiff-Ritu Yadav was not started by the defendant No.1 and even the learned court did not fix the case for cross-examination of the said witness, the plaintiffs submitted affidavit of other witness on the next date i.e. 20.06.2022, but the same was refused in the light of the order dated 13.06.2022 and by this order first time listed the case for cross-examination of the plaintiff-Ritu Yadav. Learned counsel for the petitioners submits that Order 18 Rule 4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date. 4. The contention of learned counsel for the petitioners appears to be correct in the light of order passed by the Coordinate Bench of this Court in the case of Laxman Singh and others vs. State of M.P. and others reported in 2007 (1) MPWN 83 . Further, in my opinion, even without closure of evidence of plaintiff-Ritu Yadav, learned court below has committed illegality in closing right of plaintiffs to file affidavits of other witnesses vide order dated 13.06.2022. 5. From bare perusal of order dated 20.06.2022 it is clear that learned court has fixed the case first time for cross-examination of plaintiff witness-Ritu Yadav for 06.07.2022, therefore, there was no occasion to close right of other witnesses of the plaintiffs in advance. Accordingly, the impugned order is liable to be and is hereby set aside. 6. Learned trial court is directed to take the affidavit of witness Ashish Saraf on record and the plaintiffs shall be free to adduce other evidence also before closure of their evidence. 7. With the aforesaid observations, the petition is allowed and disposed of.