Madhya Pradesh High Court
Vishram Lodhi vs Ramesh Prasad Lodhi on 24 January, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1 MP-283-2020
The High Court Of Madhya Pradesh
MP-283-2020
(VISHRAM LODHI AND OTHERS Vs RAMESH PRASAD LODHI AND OTHERS)
Jabalpur, Dated : 24-01-2020
Shri Ravendra Shukla, learned counsel for the petitioners.
Shri Siddharth Seth, learned Government Advocate for the respondent/State.
Heard.
The petitioners have filed this petition being aggrieved by the order dated 16.12.2019, whereby their right to lead evidence has been closed by the trial Court.
A perusal of the impugned order shows that the trial Court considered that the matter is pending for the evidence of plaintiffs since 12.10.2018 and enough opportunities has already been granted to him declining to grant any further opportunity for producing their evidence.
Learned counsel for the petitioners has taken this Court through the order sheets filed along with this petition to show that from 16.01.2019 to 01.07.2019, the matter was listed for deciding the application under Order 6 Rule 17, Order 7 Rule 14 and Order 8 Rule 1 of CPC. It is pointed out that he has submitted a list of three witnesses only. Out of them, two witnesses have already been examined and cross-examined and the affidavit of the third witness Narmada Prasad Kushwaha, 90 years of old, is already on record. It is submitted that due to ill health he could not remain present before the trial Court on the said date. A prayer is made to allow this petition and permit one last opportunity to produce the witness Narmada Prasad Kushwaha before the Trial Court.
Considering that the two witnesses have already been examined and the affidavit of witness is already on record before the trial Court, as a last opportunity time is granted to the petitioner to keep witness Narmada Prasad Kushwaha present before the trial Court on the next date of hearing of the case, subject to deposit a cost of Rs.1,000/- (Rupees One Thousand Only) online in the National Defence Fund (NDF) within a period of one week from today, and submit the receipt thereof before the Registry of this Court within a further period of one week.
With the aforesaid direction, this petition is disposed of. A copy of this order be also communicated to the trial Court for information and Digitally signed by ASHISH KOSHTA Date: 25/01/2020 11:36:18 2 MP-283-2020 compliance.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE ak Digitally signed by ASHISH KOSHTA Date: 25/01/2020 11:36:18