Madhya Pradesh High Court
J.K. Srivastava (D) Lrs Mrs Raj Mohini ... vs Vikram Srivastava on 4 January, 2012
W.P.No.9366/2011 & W.P.No.15968/2011
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Shri N.S.Ruprah, learned counsel for the petitioner in
W.P.No.9366/2011.
Smt. Sudha Gautam, learned counsel for the petitioners in
W.P.No.15968/2011.
Shri Siddharth Gupta, learned counsel for the respondent/
plaintiff namely Shri Vikram Shrivastava.
Challenge in these both writ petitions is made to orders dated 8.4.2011 (AnnexureP12) and 20.5.2011 (AnnexureP1) respectively passed in Civil Suit No.199 A/2008 (Vikram Shrivastava Vs. J.K.Shrivastava (dead) and Others). The suit in question is pending before the First Additional Judge to the Court of First Additional District Judge, Bhopal and the grievance of the petitioners is that their right to lead evidence has been closed.
Even though various grounds are raised and the same is refuted by the respondents, interest of justice would be met, if one more opportunity is granted to the petitioners to give their Evidence.
Keeping in view the aforesaid, orders dated 8.4.2011 (AnnexureP12) and 20.5.2011 (AnnexureP1) filed in W.P.No.9366/2011 and 15968/2011 respectively are quashed and it is directed that on the petitioners herein appearing before the Trial Court along with the certified copy of this order on 25th of January, 2012, the learned Court below shall fix a programe for recording all evidences and on the date/ dates so fixed, both petitioners and their witnesses shall be examined and the trial proceeded as per law.
In case, the petitioners do not appear on the date so fixed, the Trial Court shall be at liberty to proceed in the matter in accordance with law. Grant of opportunity of recording Evidence as granted hereinabove shall be subject to each of the petitioners' paying a cost of Rs.1000/ to the plaintiff.
With the aforesaid, both the petitions stands allowed and disposed of.
Certified Copy as per rules.
(Rajendra Menon) Judge nd