Court No. - 5
Case :- WRIT - C No. - 19449 of 2021 Petitioner :- Ram Vilas Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.,Anil Kumar Mishra,Pradeep Singh
Hon'ble Siddhartha Varma,J.
When the leading of evidence for the plaintiffs was closed on 10.7.2018, the case was fixed for 30.7.2018 for leading of evidence by the defendants. When on that date, the defendants did not reach the Court, the evidence of the defendants was closed.
The recall application filed by the petitioner was rejected on 4.10.2018 and thereafter the Revision which was filed by the petitioner was also rejected on 18.2.2021.
Contention of the learned counsel for the petitioner is that on the very first date i.e. 30.7.2018 when the petitioner did not reach the Court due to some personal reason, the evidence of the petitioner could not have been closed. Learned counsel submits that at least one opportunity ought to have been given to the petitioner and the matter ought to have been adjourned on 30.7.2018.
Learned counsel for the respondent no. 5 Sri Anil Kumar Mishra, learned counsel for the Goan Sabha and the learned Standing Counsel have submitted that the petitioner was indulging in delaying tactics and for one reason or another was getting the suit proceedings adjourned.
Having heard the learned counsel for the petitioner, learned counsel for the respondent no. 5, learned counsel for the Gaon Sabha and the learned Standing Counsel, the Court is of the view that when on 30.7.2018 which was the first date when the evidence was required to be led by the defendants, the evidence ought not to have been closed. At least one more opportunity ought to have been given.
Under such circumstances, the orders 30.7.2018 and 4.10.2018 passed by the respondent no. 3 and the order dated 18.2.2021 passed by the respondent no. 2 are quashed and the matter is remitted back to the court of the Sub Divisional Magistrate, Robertsganj, District - Sonebhadra, where the petitioner shall be allowed to lead his evidence. The leading of evidence and the cross-examination etc. shall be done within a period of two months from the date of production of a certified copy of this order and thereafter the suit shall be heard and decided within a period of four months.
With these observations, the writ petition stands allowed.
Order Date :- 24.12.2021 PK (Siddhartha Varma,J.)