After Repeated Adjournments, Chhattisgarh HC Gives Plaintiffs One Final Chance To Present Evidence In 19.38-Acre Land Dispute, Subject To Rs 3,000 Costs

The petitioners, plaintiffs in a civil suit seeking declaration of title and permanent injunction concerning agricultural land, challenged the trial court’s order forfeiting their right to lead evidence and fixing the matter for the defendants’ evidence.

The trial court had granted repeated opportunities to the plaintiffs to adduce evidence between 13 November 2024 and 2 December 2025.

On 14 January 2026, it rejected their request for further time, which they attributed to their son’s illness and treatment, and closed their evidence.

The plaintiffs sought one further opportunity; respondents 1 to 3 did not appear despite service.

The Court applied the general principle that a party’s right to lead evidence is an important aspect of the right to effectively prosecute or defend a civil proceeding, and should not be denied so as to prevent determination of the case on its merits unless the party’s conduct justifies that result.

It recognised that the Code of Civil Procedure empowers courts to regulate proceedings and refuse repeated or unjustified adjournments, but held that forfeiture of the right to adduce evidence must be exercised cautiously and in furtherance of adjudication on the merits.

Although the plaintiffs had received repeated opportunities to present their evidence, the Court considered that forfeiture would substantially impair their ability to prove their case in a suit concerning rights in immovable property.

It concluded that the interests of justice could be met by restoring the opportunity once, while guarding against further delay through costs and a strict no-further-adjournment condition.

It directed the trial court to provide one final opportunity, subject to payment of Rs. 3,000 in costs to the defendants.

The plaintiffs must produce all their witnesses on the date fixed and proceed without seeking further adjournments; if they fail to use the opportunity, the trial court may proceed in accordance with law.