Shri Sewakram S/O Guryaldas (Dead) ... vs Mohammad Zafar on 4 May, 2023

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Madhya Pradesh High Court

Shri Sewakram S/O Guryaldas (Dead) ... vs Mohammad Zafar on 4 May, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                  ON THE 4 th OF MAY, 2023
                                             MISC. PETITION No. 2555 of 2023

                          BETWEEN:-
                          SHRI SEWAKRAM S/O GURYALDAS (DEAD) THROUGH
                          LRS. AMAR S/O SEWAKRAM, AGED ABOUT 63 YEARS,
                          OCCUPATION: BUSINESS R/O MUNI H.NO. 325
                          JAWAHAR MARG MUKERIPURA, INDORE, DISTRICT
                          INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (SHRI YASHPAL RATHORE, LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          MOHAMMAD ZAFAR S/O HAJI YUSUF ALI, AGED ABOUT
                          57 YEARS, OCCUPATION: BUSINESS, R/O H.NO. 153,
                          MISHRAWALAL ROAD, LANE NO. 4, A SECTOR
                          CHANDAR NAGAR,     INDORE, DISTRICT INDORE
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (NONE FOR THE RESPONDENT)

                                This petition coming on for admission this day, th e court passed the

                          following:
                                                             ORDER

Heard on the question of admission and interim relief. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 20.03.2023(Annexure P/1), passed in Civil Suit No.577-A/2017 by the 13th Civil Judge, Junior Division, Indore, District Indore (M.P.), whereby the application under Order 17 Rule 1 read with Section 151 of CPC filed by the petitioner/defendant has been rejected and right of the defendant to lead evidence has been closed.

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 5/6/2023 4:55:35 PM 2

Learned counsel for the petitioner submitted that it is not in dispute that the trial Court Court has not granted him opportunity to lead evidence on various occasions, but for some or the other reason, the defendant could not lead evidence on the date fixed. Since the right has been closed, the petitioner is 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.

Heard the learned counsel for the petitioner and perused the record. Without entering into merits of the case and without issuing notice to the respondent(s) herein with a view to cut short the delay 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 t h e petitioner/defendant. Accordingly, the impugned order dated 20.03.2023((Annexure P/1) is hereby set aside subject to payment of cost of Rs.5,000/-(Rupees Five Thousand only) to be paid to respondent/plaintiff. The petitioner is directed to appear before the trial Court on 12.05.2023. Thereafter, the trial Court shall fix a date for allowing the petitioner to lead evidence.

I t is made c lear t h a t i f t h e witnesses are n o t produc ed b y the petitioner/defendant 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 petitioner.

Accordingly, the petition stands allowed.

(S. A. DHARMADHIKARI) Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 5/6/2023 4:55:35 PM 3 JUDGE pn Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 5/6/2023 4:55:35 PM

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Madhya Pradesh High Court