CRP/3783/2023 of Mr. Md. Khalid Vs Mr. Mohammed Khaja Aijaz Ali on 29 December 2023

ORDER:

The present Civil Revision Petition is frled challenging thedocket order dated 06.10.2023 in I.A.No.76 I of 2023 inO.S.No.26O of 2Ol7 passed by the Court of the XVIII AdditionalSenior Civil Judge, City Civil Court at Hyderabad (for short,Court below).

2. The petitioner herein is the defendant and the respondentherein is the plaintiff before the Court below. For the sake ofconvenience, the parties hereinafter shali be referred to as theyare arrayed before the Court below.

3. The plaintiff hled the said suit for recovery of money. Inthe said suit, the evidence of the plaintiff was closed on15.09.2023. However, due to the absence of the defendant on15.09.2023, the defence of the defendant was closed.Subsequently, the defendant moved I.A.No.761 of 2023 toreopen his evidence and the same was allowed by the Courtbelow on 27.09.2023 imposing costs of Rs. 1,OOO/- on thedefendant payable to the District Legal Services Authority. TheCourt below has also put a further condition that the defendant shall file examination-in-chief of D.W. 1 by next date of hearing.It is the latter part of the order which has not been compliedwith by the defendant which resulted in forfeiting the right ofthe defendant to lead his evidence. It is for this reason, theinstart petition has been hled.

4. Learned counsel appearing for the petitioner begs tosubmit that in the larger interest of justice, the present CivilRevision Petition may be allowed and an opportunity may beafforded to the petitioner/defendant to 1eacl his evidence, else hewould be rendered remedyless. Learned counsel for thepetitioner submit that next date of hearing before the Courtbelow is on 05.01.2024 and he undertakes that under arycircumstances, there shall be no further default on the part ofthe petitioner/defendant before the Court below. He has alsostated that in between, there has not been any substantialprogress in the suit.

5. Considering the entireer of the facts ald circumstances ofthe case and also taking note of the submissions made by thelearned counsel for the petitioner, this Court is inclined to allowthe Civil Revision Petition, setting aside the order dated06.1O.2023 in I.A.No.761 of 2023 in O.S.No.26O of 2OIZ passedby the Court of the XVIII Additionai Senior Civil Judge, City Civil I

Court at Hyderabad, subject to the petitioner paying costs ofRs.5,O00/ - to the District Legal Services Authority, Ciry CivilCourt at Hyderabad, positively by the next date of hearing i.e.,on 05.01 .2024. The petitioner/defcndant shall remain presentbefore the Court below on O5.01.2O24, and in no circumstances,shall he seek adjournment on the said date. He shall inaddition be frling examination-in-chief of D.w. I and offer himselfby remaining present for cross-examination to be done by therespondent/ plaintiff. It is made clear that in the event if thepetitioner/ defendant fails to comply with the any of theconditions mentioned above, the present order u,ouldautomatically loose its efl-rcacy, and in such circumstances, theCourt below would be free to proceed further and ensure thatthe suit is concluded in accordance with law at the earliest.

6. With the above directions, the Civil Revision petition isallowed. There shall be no order as to costs. Consequently,miscellaneous applications, if any pending, shall standclosed.

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{DATED:2911212023

ORDER

CRP.No.3783 of 2023

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ALLOWING THE CTVIL REVISION PETITION

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