CW- 7/2002- LRs of late Sh. Babu Ram Vs. LRs of late Shri Soma Ram : Judgment dt.8.5.08 1/2 S.B. CIVIL FIRST APPEAL NO.17/2002 LRs of late Sh. Babu Ram Vs. LRs of late Shri Soma Ram. Date of order : 8th May, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Ms. Shama Bano for the appellants. Mr. Surendra Surana for the respondents. --------- 1. Heard learned counsels. 2. The learned counsel for the appellant-defendants submits that after closing of the plaintiff's evidence in the suit on 9.10.2001, the learned trial court had fixed the next date on 28.11.2001 for defendant's evidence but on account of illness of defendant Babu Ram, he could not present himself before the trial court and, therefore, he prayed to the learned trial court for giving further opportunity in the matter. However, the learned trial court rejected that prayer and closed the defendants' evidence and decreed the suit. 3. Being aggrieved of the said decree, the defendant has approached this Court by way of present appeal. This Court allowed the appeal vide order dated 17.2.2006 vide CFA No.17/2002. However, since the defendant Babu Ram had expired and this fact had not brought on record of the Court, the said order was recalled and thus, the present appeal was instituted. Now the legal representatives of late Shri Babu Ram defendant are on record of the Court as appellants. 4. Learned counsel for the appellants submitted that in view of the aforesaid fact that the defendant was not given sufficient CW- 7/2002- LRs of late Sh. Babu Ram Vs. LRs of late Shri Soma Ram : Judgment dt.8.5.08 2/2 opportunity to produce his evidence before the learned trial court the decree under appeal may be set aside and the defendants may be directed to lead their evidence before the learned trial court and the appropriate cost in favour of the plaintiff-respondent may be awarded. This submission is not strongly opposed by the learned counsel for the respondent-plaintiff. 5. Accordingly this appeal is disposed of and the legal representatives of late Babu Ram, who are defendants before the learned trial court, shall produce their evidence before the learned trial court and in this regard the defendants may appear before the learned trial court in the first instance on 9th July, 2008. 6. Learned trial court may permit the defendants to lead their evidence within one month of the said date or even on that date as the case may be. This will be subject to payment of cost of Rs.1,000/-. Thereafter the trial court may proceed in accordance with law expeditiously. 7. With these observations, this appeal is allowed and the order of learned trial court dated 28.11.2001 is set aside. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.62 babulal/-