This Revision Petition is directed against the judgments and decrees dated 25.05.2005 and 20.06.2006 passed by the learned trial Court and learned First Appellate Court respectively, whereby the learned trial Court by closing the right to lead the evidence of the petitioner, dismissed the suit and appeal filed by the petitioner also met with the same fate.
2. The record of the case has been perused with the assistance of the parties. It is observed that the learned trial Court while exercising the provision under Order XVII Rule 3, CPC has not provided the adequate opportunity to lead the evidence to the petitioner. Although, two opportunities have been provided to the petitioner and he failed to lead the evidence. Even then, this Court feels that the evidence of the petitioner has been closed by applying the provisions of law under Order XVII Rule 3, CPC in stricto senso, which is not in accordance with law. In the given situation, it is appropriate to provide one last opportunity to the petitioner as valuable rights of the parties are involved in the case. In consequence, the impugned judgments and decrees passed by both the learned Courts below are hereby set aside with the result that the suit of the petitioner shall be deemed to be pending before the learned trial Court, which shall provide one last opportunity to the petitioner to lead his evidence. Parties are directed to appear before the learned District Judge on 31.05.2012, who shall entrust this case to any learned Civil Judge for adjudication.
3. With this observation, this petition stands accepted.