Interim Order 12

Order Details: COPY OF ORDER
Pdf Text: 16 Civ Suit 262/24
Ankit Prajapati Vs. Yashpal Bhardwaj
01.11.2025
Present: Sh. Ashish Kasana and Sh. Kapil Lohia, Ld. counsels for
plaintiff.
Sh. Luvkush, Ld. counsel for defendant.
Defendant moved an application u/s 151 CPC alongwith
another application u/o 16 Rule 1 CPC and also filed evidence by way
of affidavit. The defendant moved the application u/s 151 CPC for
reopening the defendant’s evidence. The defendant filed the amended
list of witness.
Copy supplied to plaintiff.
It is submitted by Ld. counsel for plaintiff that he wish
not to file reply and will straight away the arguments.
Perusal of record shows that issues were framed on
29.01.2025 and both the parties were directed to file list of witness
within 15 days from framing of issues. PE was concluded on
28.07.2025 and thereafter, the defendant also got examined DW-1/Sh.
Yashpal Bhardwaj. No party can be allowed to change the course of
evidence whimsically, specially when the issues were framed on the
basis of pleadings, whereafter the plaintiff already concluded his
evidence and the defendant also got examined himself as DW-1. There
are no cogent ground for allowing the defendant to file amended list of
witness, hence the amended list of witness is not taken on record and
the application u/o XVI Rule 1(3) CPC is dismissed.
Arguments advanced on an appication u/s 151 CPC for
reopening of defendant’s evidence.
It is submitted that on 26.09.2025, the witness not
accompanied the defendant to get himself examined in the court and
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on 17.10.2025, counsel for defendant was not available, so DE could
not be led by defendnat.
Per contra, it is submitted on behalf of plaintiff that the
defendant has not brought on record any such thing so as to show the
defendant made effort to bring the witness in the court either by way
of affidavit or by way of application for summoning of witness. It is
further submitted that on 17.10.2025 also, neither any witness was
available nor the affidavit of any witness were filed and moreover, the
defendant not taken any steps by way of any application for
summoning of witness, so the submissions made for non-examination
of witness on 17.10.2025 is also unsupported and vague submission
which is not tenable at all.
Arguments heard at length.
The defendant not filed any affidavit of any witness on
26.09.2025 and 17.10.2025. The defendant not brought any witness
with him on above two dates of hearing. The defendant also not
moved any application for summoning of witness before 26.09.2025
and 17.10.2025. No cogent reason assigned for inertness on the part of
defendant, hence there are no grounds to allow the above application.
Accordingly, the application u/s 151 CPC is hereby dismissed.
Matter is adjourned for final arguments.
It be relisted on 15.11.2025 at convenience of both sies
Ajay Kumar Malik
JSCC/ASCJ/G.Judge (N/E)
01.11.2025
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