IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5852 of 2010
Kapil Deo Dubey ...... Petitioner
Versus
Upendra Kumar ...... Respondents
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : Mr. Arbind Kumar Sinha, Advocate
For the Respondents : XXXX
st
04/Dated: 1 April, 2011
1.
Counsel for the petitioner submitted that gross error has been
committed by the trial court in not allowing to examine the witnesses in
the money suit filed by the original plaintiff.
2. Petitioner is an original defendant.
3. Having heard counsel for the petitioner and looking to the facts and
circumstances of the case and also looking to the order, passed by the trial
court dated 13th September, 2010, it appears that no error has been
committed by the trial court in dismissing the application, preferred by the
original defendant for examination of the witnesses.
4. It further appears from the facts of the case that Money Suit No. 1 of
2000 was filed by the respondent. Much time has been elapsed after filing
of the Suit. Moreover, the present petitioner, who is original defendant, is
also debarred from filing of the written statement. Several applications one
by one, have been preferred, as narrated at page3 of the impugned order,
passed by the trial court and several times such type of applications have
been dismissed by the trial court. Thereafter, enough time was given to
examine the witnesses by the original defendant. Earlier orders, passed by
the trial court have not been challenged in the higher forums. Thus, earlier
orders, passed by the trial court ha s attained its finality and the matter has
now been fixed for final hearing of the Suit of the year, 2000.
5. In view of these facts, no error has been committed by the trial court
in dismissing the application, preferred by the present petitioner.
6. There is no substance in this writ petition. Hence, it is hereby,
dismissed.
(D.N. Patel, J)
VK