Jetha Bhai Patel v. Akhilesh Kumar Choudhary

Shree Chandrashekhar, J.:— Aggrieved of order dated 09.06.2009 passed in Eviction Title Suit No. 41 of 1997 whereby the application for recall of plaintiff's evidence has been allowed, the defendant has approached this Court.

2. Eviction Title Suit No. 41 of 1997 was instituted on the ground of default in payment of rent, construction without consent of the landlord and personal necessity of the plaintiff. During the trial, plaintiff's evidence was closed on 17.06.2008 and the defendant's evidence was also closed, for the defendant failed to produce any witness. Thereafter, an application was filed for recall of order dated 17.06.2008 on the ground that due to his old age and serious accident with which the plaintiff met he could not produce further evidence in the suit. This application was resisted by the defendant pleading that previously the suit was dismissed for not depositing Court fee and during the trial he was given sufficient opportunity to produce his witnesses, and thereafter his evidence was closed on 17.06.2008. Application for recall of order dated 17.06.2008 has been allowed with cost of Rs. 500/- payable to the defendant. The trial Judge being satisfied of the reasons disclosed in the application dated 27.03.2009 has permitted the plaintiff to lead further evidence, in the interest of justice. In the facts discussed herein above, in exercise of jurisdiction under Article 227 of the Constitution of India, I am not inclined to interfere with exercise of discretion by the trial Judge in permitting the plaintiff to lead further evidence.

3. The writ petition stands dismissed, however, considering the fact that the eviction suit was instituted in the year 1997, it is expected that the trial Judge shall follow the mandate under Order XVII Rule 1 and 2 C.P.C and dispose of the eviction suit expeditiously.