Final Order 1

Order Details: Other
Pdf Text: 5.12.2019
SU 2689/14
NM 3496/19
NM 3497/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Yadav for plaintiff present.
Adv. M.D. Pandey for defendant present.
KB
LO
Adv. Shukla for plaintiff present.
Order below NM No.3497/19.
Perused Notice of motion, affidavit in support of it, reply of plaintiff.
Heard Ld. Advocate for parties.
Notice of motion is taken out by defendant to set aside order dated
12.07.2019 on the ground that due to heavy rain he and his Advocate
could not attend Court on 26.06.2019. On 12.07.2019 defendant was
at his native place, so he could not communicate about date of the
matter to his Advocate. Consequently, his Advocate could not attend
Court and impugned order came to be passed relating to proceeding
of suit without cross-examination on behalf of defendant. In above
circumstances, defendant prayed for setting aside impugned order.
Plaintiff filed reply to Notice of motion and opposed it on the count
that ample opportunity has been given to the defendant to cross
examine P.w.1 but he failed to cross examine plaintiff. Defendant has
not made out any case to set aside impugned order. Accordingly, he
prayed for dismissal of Notice of motion.
Considering the reason assigned by the defendant, I am of the
view that for the fault if any, on the part of his Advocate, party should
not suffer. Therefore, in the interest of justice and fair trial, I am
inclined to allow present Notice of motion subject to costs. Hence,
pass following order.
ORDER
1. Notice of motion No.3497/19 is allowed and made absolute in
terms of prayer clause (c) subject to payment of costs of
Rs.1,000/-(Rupees One Thousand Only) to the plaintiff within
period of two weeks. Defendant is at liberty to deposit costs
payable to the plaintiff in Court.
2. On payment of costs by defendant, he is at liberty to cross
examine P.w.1.
3. Accordingly, Notice of motion is disposed of.
Adj for hearing on NM no.3496/19 to 10.01.2020.
Judge
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