Madhya Pradesh High Court
Malsa Gond vs Sudami Gond on 21 January, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1 MP-246-2020
The High Court Of Madhya Pradesh
MP-246-2020
(MALSA GOND Vs SUDAMI GOND)
Jabalpur, Dated : 21-01-2020
Shri Jaideep Sirpurkar, learned counsel for the petitioner.
The petitioner has aggrieved by the order dated 27.11.2019 whereby the right of the petitioner to adduce the evidence has been closed.
It is reflected from the impugned order that the case was listed for the evidence of the plaintiff on 07.03.2018 and he has filed affidavit under Order 18 Rule 4 of the CPC, however, he has not taken any further action to produce those witnesses in the Court for further examination/cross-examination. Considering that in the whole process more than a year has passed, the trial Court declined to grant further time to the petitioner and closed his right to adduce the evidence.
It is contended by learned counsel for the petitioner that the petitioner is a blind person with limitation, hence, could not keep the witnesses present on that date. It is prayed that in the interest of justice, a last opportunity may be granted to produce the evidence.
Considering that the suit of the plaintiff has been filed by the next friend as he is suffering from disability, one opportunity is granted to the petitioner to keep all his witnesses present before the trial Court whose affidavits he has already been filed under Order 18 Rule 4 of the CPC on 27.01.2020 for recording of their evidence.
It is made clear that after this no further opportunity shall be granted. This opportunity is granted subject to cost of Rs.5,000/- which is to be deposited online in the National Defense Fund (NDF) within a period of seven days from today and submit the receipt thereof before the trial Court.
With the aforesaid directions, the petition stands allowed.
(NANDITA DUBEY) JUDGE ashish Digitally signed by ASHISH KUMAR LILHARE Date: 23/01/2020 17:00:16