Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100873/2019
Mohanlal Rupchand Parmar Vs MCGM And Ors
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 &amp#039No
evidence&amp#039 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
COURT 8 ADDL SESSIONS JUDGE
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