Date: 05-03-2019
Business: Already disposed off on 26-2-2019.
Perused notice of motion, reply filed thereto and heard both sides. The deft is praying to set aside \''No evidence\'' order dated 25/01/2019 on the ground that delay in filing affidavit in evidence is caused due to unavoidable reasons. It is also contended that if the deft is not allowed to lead oral evidence, it will cause irreparable loss. Ld adv for the plff. has strongly opposed the motion and in reply sequence of events is noted.
After going through roznama of the case, the plff closed his oral evidence on 27/11/2018. Thereafter, matter was fixed for oral evidence of deft on 18/12/2018. On that day, adjournment was granted to deft/MCGM as a last chance taking note of the fact that matter is very old. On next date i.e. 25/01/2019 oral prayer made by deft./MCGM was rejected and evidence was closed. Thereafter, on 5/02/2019 ld adv for plff. addressed his arguments and matter was fixed for arguments of deft./MCGM on 14/02/2019. On the later date, the instant notice of motion is filed. It is pertinent to note that affidavit of examination in chief of concerned officer of deft/MCGM is also not filed along with with the notice of motion. The reason of heavy workload is not justified in the above circumstances. Therefore, notice of motion fails and the same is dismissed.
Draft notice of motion be registered for statistical purpose.
Adjd to 5/03/2019 for defts arguments.
Nature Of Disposal: DISMISSED
Disposal Date: 05-03-2019
