WP/8852/2015 of SHRI SNEHAL SABNIS Vs SHRI BASANT DAKHNE on 31 December 2015

Arguments

31/12/2015

Smt. Archana Kher, learned Counsel for the petitioner.

Heard.

This writ petition is at the instance of thedefendant in the suit challenging the order of the trialCourt dated 15/12/2015, whereby the petitioner'sright to adduce the evidence has been closed.

Learned Counsel appearing for the petitionersubmits that on 15/12/2015 when the matter wasfixed before the trial Court for the purpose ofexamination of the petitioner and his witnesses, onthat day, the Advocate engaged in the matter couldnot remain present as he was contesting the Barelections. She further submits that an adjournmenton that ground was sought but that has been wronglydenied by the trial Court.

Having heard the learned Counsel for thepetitioner and after perusing the order of the trialCourt, it is found that the petitioner is entitled to atleast one more opportunity to adduce the evidence onpayment of some reasonable cost. The reason whichthe petitioner has disclosed for non-examination ofthe witnesses on 15/12/2015 appears to be abonafide reason.

Hence, with all just exceptions, the writ petitionis allowed with direction to the trial Court to give one (karuna)

opportunity to the petitioner to adduce the evidenceon payment of cost of Rs. 1,000/- by the petitioner tothe respondent on the next date of hearing fixedbefore the trial Court.

The writ petition is accordingly disposed off.Certified copy as per rules.

( Prakash Shrivastava)Vacation Judge