Madhya Pradesh High Court
Shiksha Prasarak Samiti Through Satish vs The State Of Madhya Pradesh on 1 December, 2018
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HIGH COURT OF MADHYA PRADESH
M.P. No.5814/2018
( Shiksha Prasarak Samiti Vs. State of MP and others)
Indore, Dated: 1/12/2018
Shri Kamesh Mandloi learned counsel for petitioner.
Shri Rahul Sethi learned counsel for State.
Heard.
By this Misc.Petition under Article 227 of the Constitution
of India, the plaintiff has challenged the order of trial court dated
13/11/2018 whereby the petitioner's right to lead the evidence
has been closed.
Learned counsel for petitioner submits that on 10/10/2018
two witnesses were examined and thereafter the examination of
witness Govind Gupta was to be done but since he was not well
therefore, he could not be produced for the purpose of
examination. He further submits that petitioner be granted one
last opportunity to lead the evidence on payment of appropriate
cost.
Counsel for State has opposed the writ petition.
I have heard the learned counsel for parties and perused
the record.
The impugned order reflects that trial court has closed the
petitioner's right to lead the evidence taking note of the fact that
earlier various opportunities were granted to petitioner but many
of the dates noted by trial court are prior to 10/10/2018 i.e. the
date when two witnesses were examined by petitioner.
Learned counsel for petitioner on instructions has also
stated before this court that after 13/11/2018 the matter has not
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been proceeded any further and it is at the same stage.
Having regard to the fact that closure of right of petitioner
to lead the evidence at this stage will cause serious prejudice, I
am of the opinion that petitioner is entitled to one last
opportunity to lead evidence on payment of appropriate cost.
Hence the Misc. Petition is disposed off by directing the
trial court to give one last opportunity to petitioner to lead
evidence subject to payment of cost of Rs. 15,000/- to the
respondents before the trial court on the next date of hearing.
C.c. As per rules.
(Prakash Shrivastava) Judge BDJ Bhuneshwar Datt 2018.12.01 14:48:38 -08'00'