TaxTMI 
TaxTMI 
1965 (7) TMI 68
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....e on the issue relating to absence of consideration. After some adjournments, the suit was posted to 4-7-1984 for the evidence of the defendants. On that day, the plaintiff and his Advocates were absent, but the Advocate for the defendant was present with only one witness, who was examined in chief. On that day, the case was passed over once because of the absence fit the plaintiff's Advocates. Even by the time the chief-examination of D. W. 1 was over, the plaintiff's advocates did not turn up, and a petition was filed for adjournment by some advocate, but it was dismissed. The Advocate for the 1st defendant represented that he wanted to examine one more witness who had to be summoned, but who was not summoned for that day, i.e., 4-7-1964. That request was also not granted, and the City Civil Judge thereupon noted that the defendant's evidence was closed and the suit was posted for arguments. 3. The plaintiff's advocate then filed the present application. 1. A. No. 765 of 1964, explaining me unavoidable circumstances in which both the advocates for the plaintiff were absent, and praying for reopening of the trial of the suit, and giving a chance to the plaintiff....
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...., and adduce rebuttal evidence. 7. That argument is refuted by the respondent (plaintiff) on the ground that Civil Procedure Code does not contemplate the closing of a case or posting a suit for arguments, and that after the filing of the pleadings, the only other stages recognised in the trial of a suit are: (1) the first nearing, (2) the hearing and (3) pronouncing the judgment on a future date, if it is not pronounced immediately after the hearing, and that till the suit is posted for judgment the hearing continues. I shall now examine the validity of the respective contentions. 8. There is an unwarranted practice obtaining in some of the subordinate Courts, which is evidently adopted in this case, of treating the completion of the evidence as closing of the trial, and hearing arguments as a separate stage of the trial, and that a prayer for examining any witness or receiving a document after closing of the evidence, though it be before or during hearing the arguments, requires a re-opening of the trial. In fact, it is on that assumption that the plaintiff in his petition, apart from requesting for an opportunity to examine D. W. 1 and adduce further evidence also prayed f....
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....th, the Court may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only for the final disposal of the suit; Provided that, where the summons has been issued for the settlement of issues only, the parties or their pleaders are present, and none of them objects. (2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of the suit, and shall fix a day for the production of such further evidence, or for such further argument as the case requires." 13. Order 16 provides for summoning and attendance of witnesses, and Order 17 deals with adjournments. It is manifest from these provisions that the first hearing of a suit means the day on which the Court goes into the pleadings in order to understand the contentions of the parties, and in suits in which issues have to be framed, the day on which such issues are framed. On that day, the Court looks into the pleadings with a view to understand the contentions of the parties. 14. The title of Order 18 is, "Hearing of the suit and E....
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....e examination of the witnesses has commenced, the hearing of the suit is said to begin; and that hearing comes to an end only with the delivery of the judgment, or when the suit is posted for judgment where it is reserved. In cases, therefore, where the suit has not been posted for judgment, but is posted for hearing arguments of one side or the other, it should be remembered that the hearing of the suit is not concluded, though the recording of evidence might have been finalised by both the parties. In such cases, either party is not precluded from making a request for examination of additional witnesses, or making documents, merely on the ground that the trial is closed and the matter is posted for arguments, whether the request should be granted or not, is however a matter to be decided on its merits, bearing in mind the fact that it is belated. 18. I am supported in this view by the decision in Hans Raj v. Sohan Singh, It was observed by Harnam Singh, J., that the expression "hearing of the suit" means the hearing at which the Judge would be taking evidence or hearing arguments, or would have to consider the questions relating to the determination of the suit which would ena....