High Court of Judicature at Allahabad
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Aligarh Dadon Motor Union Thru' Its Secretary v. Town Area Committeee, Thru' Its Secretary And Others - WRIT - C No. 22669 of 2006  RD-AH 9855 (19 May 2006)
Hon'ble Umeshwar Pandey, J.
Heard Sri Anoop Trivedi, learned counsel for the petitioner-plaintiff.
Vide order dated 10.5.2000 (Annexure No. 3) petitioner's evidence in his suit had been closed by the trial court on the ground of certain laches and an application for recall of that order before the trial court has also been dismissed. Thereafter, the petitioner went in revision and that too has been dismissed by the impugned order (Annexure No. 6).
Learned counsel contends that opportunity of leading evidence by the plaintiff has been shut by the court and it was not justifiable in the circumstances then available before the court. The suit has to be decided on merit and for that purpose the leading of petitioner's evidence in the case is must.
Issue notice to the respondents returnable within six weeks.
Meanwhile the proceeding in the suit shall remain suspended.
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