' In this revision petition order, dated 5-5-1990 passed by the learned trial Court for closing the evidence of the petitioners under Order 17, Rule 3, C.P.C. has been called in question.
2. The case was fixed for recording the evidence of the petitioners on 27-2-1990 on which date examination-in-chief of the witnesses produced by the petitioners was recorded. On the request of the learned counsel for the respondents the case was adjourned to 16-4-1990 for cross- examination of the said witnesses because the said learned counsel was indisposed. On 16-4-1990 learned counsel for the parties was present when the case was called but the evidence could not be recorded because the learned Presiding Officer of the Court had been transferred. The case was adjourned to 5-5-1990 for cross-examination of the witnesses already examined on 27-2-1990 and also for recording the remaining evidence of the petitioners. On this date i.e. 5-5-1990 evidence of the petitioners was not present, therefore, the learned trial Court invoked the provisions of Order 17, Rule 3, C.P.C. and closed their evidence. In view of the fact that 5-5-1990 was not a date to which the case was adjourned on the previous date on the request of the petitioners, therefore, the provisions of Order 17, Rule 3 were not attracted.
3. Learned counsel for the respondents argued that prior to 22-2-1990 the petitioners had been granted a number of adjournments for production of evidence and their conduct during the proceedings before the learned trial Court had throughout been such that no progress in the suit was allowed to be made.
4. This Court is not concerned as to what happened prior to 27-2-1990 and suffice it to say that for the purpose of this revision petition that on 5-5-1990 the provisions of Order 17, Rule 3, C.P.C. for the above reasons could not be applied.
5. The learned trial Court acted with material irregularity and illegality, in passing the order on 5-5-1990 for closing the evidence of the petitioners. This revision petition is accepted. The order, dated 5-5-1990 is set aside. The learned trial Court shall grant one opportunity to the petitioners to produce evidence. The petitioners and respondents Nos.2 and 3 who are represented today shall appear before the learned trial Court on 18-6-1992 for further proceedings. There will be no order as to costs.