CMPMO 271 of 2008. 27.11.2008 Present: Mr. G.D.Verma, Sr. Advocate, with Mr. Romesh Verma, counsel for the petitioners. Mr. Bimal Gupta, counsel for respondent No. 1. Mr. Hoshiar Singh, counsel for respondents 2 to 4. This petition has been preferred by the defendants before the learned trial Court against the order dated 5.8.2008 closing the right of the defendants for leading evidence. The record shows that on 3.9.2007, an adjournment was prayed for by the defendants which was granted and the witness was ordered to be summoned for 5.11.2007. On that day, statement of one witness was recorded and the case was adjourned for 7.1.2008. On 7.1.2008, statements of four witnesses were recorded and the case was listed for 5.8.2008. No evidence was present on behalf of the defendants, therefore, right of the defendants to lead evidence was closed. I do not find that the order can be sustained, as the record shows that the defendants have been examining evidence on various dates. The approach of the learned trial Court is hyper technical. Merely because the matter is old is not a ground for closing -2- right of a party to lead evidence unless it can be shown that the party has acted in a manner to prolong litigation which I do not find from the facts of the present case. This petition is accordingly allowed. The order of the learned trial Court challenged in this petition is quashed and set aside subject to the condition that the petitioners herein shall pay Rs.1100/- as costs to the respondents on the first date of appearance before the learned trial Court. Parties are directed to appear before the trial Court on 12.12.2008. All interim orders shall stand vacated and applications shall stand dismissed. There shall be no order as to costs. November 27, 2008 (PC). (Dev Darshan Sud), J.