W.P.No.5718/2010
Prasram Kanojia Nand Kumar Mishra
29.6.2010
Shri Surendra Verma, counsel for petitioner.
Shri Amit Verma, counsel for respondent.
This petition is directed against an order dated 19.4.2010 by
XIth Civil Judge Class II, Bhopal in civil suit no.615-A/2006, by which
right of petitioner to appear in the witness box was closed.
The petitioner is defendant in the case. The suit is filed for
eviction of petitioner by the respondent.
Learned counsel for petitioner submitted that the petitioner
has suffered paralytic stroke on 9.4.2010 he was hospitalized and
remained hospitalized till 14.4.2010. After the discharge he was not
in a position to appear before the Court, so the application was filed
seeking adjournment, but it has been rejected by the trial Court on
19.4.2010. It is submitted that one opportunity be allowed to the
petitioner to appear in the witness box.
The prayer made by the petitioner is vehemently opposed by
Shri Amit Verma, learned counsel for respondent.
From the perusal of documents Annexure P-4, Annexure P-5
and Annexure P-6, we find that petitioner suffered stroke on 9.4.2010
and he remained hospitalized upto 14.4.2010. After the discharge
petitioner may not be in a position to appear in the Court on
19.4.2010 and for this purpose petitioner moved an application
before the trial Court, but it was rejected. Though it is true that such
certificate was not produced before the trial Court, but in the
application filed by the petitioner before the trial Court it was
mentioned that petitioner is suffering from serious ailment.
In view of aforesaid, one opportunity deserves to be extended
to the petitioner to appear in the trial Court as witness and on the
aforesaid date he shall be cross-examined by the plaintiff. The
petitioner has already filed an affidavit, which shall be taken, by the
trial Court on record.
W.P.No.5718/2010
Prasram Kanojia Nand Kumar Mishra
In view of aforesaid, this petition stands finally disposed of
with following directions :-
1. The petitioner shall appear in person before the trial Court on
the next date of hearing i.e. 7th July, 2010.
2. On the aforesaid date the plaintiff shall cross-examine the
petitioner. No adjournment shall be granted by the trial Court to the
petitioner for his appearance for any reason.
3. The costs deposited by the petitioner in compliance of order
dated 6.5.2010 shall be paid to the plaintiff/respondent by the trial
Court.
It is made clear that this petition has been allowed only in
respect of examination of petitioner/defendant only.
C.C., as per rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
M.