Gautam Kumar Choudhary, J
1. Defendant is the petitioner and is aggrieved by the order dated 09.06.2025 by which adjournment for seeking further time for defence evidence has been rejected and the case has been posted for argument.
2. It is submitted by the learned counsel on behalf of the petitioner that the defence evidence was earlier closed on 18.03.2025 and was recalled on 07.04.2025 subject to the condition that the defendant would examine all its witnesses in five dates.
3. On 21.04.2025, one witness was examined and on 28.04.2025 Presiding Officer was absent consequently, no witness could be examined. On 05.05.2025, defendant produced its witnesses, who were examined, cross-examined and discharged. On 14.05.2025, adjournment was sought and consequently on 21.05.2025, defence evidence was closed. Aggrieved by it, the instant civil miscellaneous petition has been filed.
4. It is argued by the learned counsel on behalf of petitioner that on 28.04.2025, the witness could not be examined as Presiding Officer was absent and at present, the defendant has not been examined and his non-examination will cause grave prejudice to the defence.
5. Having considered the submission advanced and taking into account that on 28.04.2025, the Court could not be held because Presiding Officer was absent, therefore, one adjournment is allowed subject to payment of cost of Rs.5000/- to the plaintiff so that he can examine the defendant. The defendant would appear with his witness on 17.12.2025.
Civil Miscellaneous Petition is disposed of. Pending Interlocutory Application, if any, is disposed of.
