CMPMO 277 of 2008. 8.9.2008 Present: Mr. Nimish Gupta, counsel for the petitioner. This petition has been instituted by defendant No. 5 Tripti Mittal against the order passed by the learned trial Court on 25.6.2008 closing the right of the defendant to produce evidence on the ground that although a number of opportunities had been granted but no evidence has been produced. Learned counsel for the petitioner herein has made a number of submissions on the legality of the order. I have perused the order sheet as annexed with this petition and do not find any illegality committed by the learned trial Court in closing the evidence of the defendants. It is well settled that no litigant has a right to have the matters adjourned at his convenience. It is only in circumstances beyond the control of a party that adjournment is granted, but it is not a vested right entitling a litigant to fix the Court calendar at his whim. Having said this, I was inclined to dismiss the petition, but for a plea by the learned counsel that last and final opportunity be given to the defendant to lead evidence. It is also well settled law that law and justice should be tempered with mercy. As I have held -2- that no ground in law is made out, yet in the interest of justice, one last and final opportunity is granted to the petitioner herein to bring evidence in support of her case before the trial Court. This will be subject to the petitioner herein to pay Rs.7000/- as costs to the plaintiff-respondent. Parties shall appear before the trial Court on 30.9.2008 on which date the costs shall be paid to the plaintiffs. It is clarified that in case costs are not, the order challenged in this petition shall revive and the right to lead evidence shall stand closed. This decision is confined to the facts of this case and shall not be treated as a precedent in other matter(s). The petition is disposed of. Pending application(s) shall stand disposed of. September 8, 2008 (PC). (Dev Darshan Sud), J.