Madhya Pradesh High Court
Manoj Kumar Gupta vs Kamta Prasad Patel on 6 September, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 6th OF SEPTEMBER, 2022
MISC. PETITION No. 3400 of 2022
BETWEEN:-
1. MANOJ KUMAR GUPTA S/O LATE SHRI
RAMAUTAR GUPTA, AGED ABOUT 39 YEARS,
OCCUPATION: BUSINESS KAMTA BAZAR
CHITRAKUT TEHSIL MAJHGAWA DISTRICT-
SATNA (MADHYA PRADESH)
2. RAJENDRA GUPTA S/O SHRI KALICHARN
GUPTA, AGED ABOUT 58 YEARS, OCCUPATION:
BUSINESS R/O BISATI BAZAR ATARRA TEHSIL
NARAINI DISTRICT BANDA (UTTAR PRADESH)
.....PETITIONERS
(BY SHRI RAKESH KUMAR KESHARWANI- ADVOCATE)
AND
1. KAMTA PRASAD PATEL S/O SHRI RAJABHAIYA
PATEL, AGED ABOUT 37 YEARS, GHURAPURWA
HALL NIWAS VIVEKANAND COLONY P.S.
CHHATARPUR, TEHSIL CHHATARPUR,
DISTRICT- SATNA (MADHYA PRADESH)
2. SHRIMATI PRITI AGRAWAL W/O SANJEEV
AGRAWAL, AGED ABOUT 37 YEARS, R/O WARD
NO. 22 AWASTHI COMPOUND NEAR KUNWAR
TALKIJ KRISHNA NAGAR SATNA, DISTRICT
SATNA (MADHYA PRADESH)
3. RAJENDRA KUMAR SHARMA S/O SHRI
RAMPRATAP SHARMA, AGED ABOUT 48 YEARS,
R/O BADAUSA ROAD ATARRA DISTRICT
BANDA (UTTAR PRADESH)
4. STATE OF MADHYA PRADESH THROUGH THE
COLLECTOR TEHSIL AND DISTRICT SATNA
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. AISHWARYA SINGH- PANEL LAWYER)
2
This petition coming on for admission this day, th e court passed the
following:
ORDER
I n this petition under Article 227 of the Constitution of India, the petitioners have assailed the order dated 13.07.2022 (Annexure P/4) passed in Civil Suit No.RCSA-2A/2015 by the 3rd Civil Judge, Senior Division, Satna (M.P.), whereby the right of the defendant to lead evidence has been closed.
Learned counsel for the petitioners submitted that it is not in dispute that the Court below has not granted them opportunity to lead evidence on various occasions but for some or the other reason, the defendants could not lead evidence on the date fixed. Since the right has been closed, the petitioners are suffering irreparable loss. In such a situation, he prays that only one opportunity may be granted to lead the evidence subject to payment of cost as may be imposed by this Court.
On the other hand, learned counsel for the State opposed the prayer and submitted that in spite of repeated opportunities, the defendants did not produce the witnesses, therefore, right has been rightly closed. The petition deserves to be dismissed.
Heard the learned counsel for the parties.
Without entering into merits of the case and considering the totality of the facts and circumstances of the case, this Court is of the considered view that one opportunity to lead evidence deserves to be given to the petitioners/defendants. Accordingly, the impugned order dated 13.07.2022 (Annexure P/4) is hereby set aside subject to payment of cost of Rs.1000/- (Rupees One Thousand only) to be paid to respondent No.1/plaintiff. The parties are directed to appear before the trial Court on 19.09.2022. Thereafter, 3 the trial Court shall fix a date for allowing the petitioners to lead evidence.
I t is made clear that if the witnesses are not produced by the petitioners/defendants on the date fixed by the trial Court, the right to lead evidence would stand closed automatically and no further adjournment shall be granted to the petitioners.
Accordingly, the petition stands allowed.
(S. A. DHARMADHIKARI) JUDGE Shanu Digitally signed by SHANU RAIKWAR Date: 2022.09.07 15:37:16 +05'30'