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2021 (2) TMI 1360 - MADHYA PRADESH HIGH COURTSuit for eviction - arrears of rent and mesne profit - petitioners defendants are seeking time to cross examine the plaintiff's witness - principles of natural justice - HELD THAT:- Plaintiff filed the suit for eviction and arrears of rent in the year 2013. Since 2014 & 2015 the case was being fixed for evidence of the plaintiff and since then the defendants are seeking adjournment on all possible grounds. Number of times the Court has given last chance to cross examine with cost but they did not cross examine the plaintiff's witness. Finally the court has treated their right of cross examination as closed vide order dated 21.12.2020 which they challenged in miscellaneous petition No.6283/2019. This court while allowing the petition granted one last opportunity to the defendants to cross examine the plaintiff's witness and the counsel gave an undertaking that he shall not seek any further adjournment henceforth. This Court has also directed the trial Court to decide the suit preferably within a period of one year. The said one year period is now over but due to Corona epidemic the proceedings could not take place from 22.03.2020 till the end of November, 2020 but the last opportunity to cross examine has been availed by the defendants and still they are seeking adjournment on flimsy grounds. The plaintiffs are also senior citizens. At the time of filing the suit the plaintiff No.1 Gopal was 60 years of age. Considering the conduct of the defendants now they do not deserve any leniency from this court - Accordingly, the petitions are dismissed.
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