Order of closure of evidence of plaintiffs', for failure to file affidavit in lieu of examination in chief

 Section 151 CPC  Recall of order Rejection of application - Order of closure of

 evidence of plaintiffs', for failure to file affidavit in lieu of examination in chief  An affidavit

 in lieu of examination in chief had been filed in the past but same withdrawn with the leave of

 Court, as a plaintiff was unwell and of old age Anther plaintiff's affidavit was ready but could

 not be filed initially for want of verification and later due to viral fever contracted by him Besides, Advocate of plaintiffs' was facing some personal difficulties in appearing before Court Application was detailed backed by documents and even a medical certificate Approach of

 Subordinate Court was not entirely wrong, as plaintiffs' failed to avail several opportunities

 granted to them However, in the interest of justice, additional opportunity was granted, subject

to payment of substantial costs. (Paras 13 , 14 , 15 , 18 , 19)

INDUMAT vs SHRIKANT WP 35/19 16/03/23 [ SONAK JJ ]

[ BOMBAY HIGH COURT ]