CW 64/08 -Sajeev Sewa Samiti Vs. ADJ (Fast Tract) No.2, Udaipur & Anr. Judgment dt.12.5.09 1/3 S.B. CIVIL WRIT PETITION NO.64/2008 Sajeev Sewa Samiti Vs. ADJ (Fast Tract) No.2, Udaipur & Anr. Date of order : 12th May, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sandeep Shah for the petitioner. None present for the respondents. ----- 1. Heard learned counsel for the petitioner. None present for the respondents despite service. 2. This writ petition is directed against the order dated 23.1.2007 and 25.5.2007 and the order dated 28.11.2007 passed by the learned trial court in eviction suit filed by the present plaintiff against the defendant. 3. Learned counsel submits that on 23.1.2007 though the plaintiff's counsel was absent due to death in his near relation and, therefore, the plaintiff prayed for some time to lead evidence on his behalf. However, the adjournment was granted subject to the condition that the evidence of other witnesses who were not present in Court on that date was also closed. This according to the learned counsel for the petitioner was unjustified at the same time he further CW 64/08 -Sajeev Sewa Samiti Vs. ADJ (Fast Tract) No.2, Udaipur & Anr. Judgment dt.12.5.09 2/3 submits that by the order dated 25.5.2007 the learned trial court refused to mark exhibit the certified copy of memorandum of association and bye laws which were produced before the learned trial court and a copy of the same was already produced. He further submitted that on an application by the plaintiff the impugned orders were refused to be recalled by the learned trial court vide order dated 28.11.2007. He submits that all the impugned orders deserve to be quashed and set aside as there was no fault on the part of the plaintiff. 4. Nobody appears on behalf of the respondent-defendant despite service and the averments made in the writ petition as well as the contentions raised by the learned counsel for the petitioner- plaintiff are not opposed. 5. In view of these facts and circumstances of the case and upon perusal of the impugned orders, it appears that the learned trial court has erred in closing the plaintiff's evidence and also not taking on record the certified copy of the memorandum and bye laws. The reason of absence of counsel for sufficient reason was not condoned and without any reason, evidence of other witnesses was also closed. 6. Consequently this writ petition is allowed and the impugned orders dated 23.1.2007, 25.5.2007 and 28.11.2007 are set aside and the learned trial court is directed to permit the plaintiff to CW 64/08 -Sajeev Sewa Samiti Vs. ADJ (Fast Tract) No.2, Udaipur & Anr. Judgment dt.12.5.09 3/3 produce his evidence before the learned trial court on the next date. The plaintiff along with his witnesses may appear before the learned trial court at the first instance on 28th May, 2009 and therefore the learned trial court may proceed further and the learned trial court may also take on record the certified copy of memorandum and bye laws placed before the learned trial court by the plaintiff. No costs. [ DR. VINEET KOTHARI ], J. itemNo.3 babulal