Vs. Harnek Singh (Dead) by Lrs  Insc 166 (22 March 2001)
Shah & S.N. Variava S. N. Variava, J.
absent inspite of service.
have heard Mr. Gaur. Mr. Gaur submits that Appellant/Plaintiff was present in
Court and ready to give evidence but was not permitted to do so. Mr. Gaur
states that if given one more opportunity the Appellant will, on the date/s
fixed for hearing by the trial Court, keep himself and all his witnesses
available in Court and will lead their evidence without fail. Mr. Gaur states
that the Appellant will not ask for adjournment on any ground whatsoever.
view, end of justice requires that the Appellant be given one more opportunity
of leading evidence.
the order closing the evidence of the Appellant is set aside. The trial Court
is directed to permit the Appellant to lead his evidence.
Appeal stands disposed of accordingly. Appellant to pay to the Respondent costs
fixed at Rs. 500/-.