Gujarat High Court
Govindbhai M. Rathwa vs Parvatiben Kamleshbhai Rathwa ... on 20 December, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/FA/3661/2023 ORDER DATED: 20/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3661 of 2023
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GOVINDBHAI M. RATHWA
Versus
PARVATIBEN KAMLESHBHAI RATHWA (DELETED)
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Appearance:
MR K B MAGHNANI(9673) for the Appellant(s) No. 1
MS POOJA H HOTCHANDANI(7765) for the Appellant(s) No. 1
for the Defendant(s) No. 1,5
RULE SERVED for the Defendant(s) No. 2,3,4,6
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 20/12/2023
ORAL ORDER
1. It is submitted by Advocate Ms. Pooja
H.Hotchandani for the appellant that on
20.04.2023 in MACP No.1482 of 2017, the right of
the opponent to cross examine the claimant came
to be closed vide an order below Exh.48, and on
the very same day, the matter was posted for
arguments. Advocate Ms. Hotchandani submitted
that the learned Tribunal was required to post
the matter for evidence of the opponent, while
straightway on 27.04.2023, have noted the Rojnama
as of having heard the arguments of both the
NEUTRAL CITATION
C/FA/3661/2023 ORDER DATED: 20/12/2023
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sides, and on 04.05.2023 the judgment was
declared.
2. Advocate Ms. Hotchandani submitted that
the order below Exh.48 itself is prejudicial and
affects the rights of the present appellant, who
is opponent to the matter, as the prayer was only
for closing the right of the opponent for cross-
examination of the claimant. Ms. Hotchandani
submitted that even if, otherwise, had the
claimant made a prayer for closing the right of
the opponent, the Tribunal could not have done
so, nor is it empower to do so, since the
procedures for conducting the trial has to be
followed, and in Motor Accident Claim Petitions,
the Civil Procedure Code is made applicable, and
as per Rojnama, after the closure of the evidence
of the applicant and on filing of a closing
pursis by the claimant, thereafter the matter
would be required to be posted for evidence of
the respondents.
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C/FA/3661/2023 ORDER DATED: 20/12/2023
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3. Here, in this matter, after closing the
right of cross-examination, the claimant's right
had to be kept open, since there was no
declaration from the claimant to close his stage,
nor there was any pursis on record from the
claimant declaring that he does not propose to
file any other evidence on record. Advocate Ms.
Hotchandani submitted that the order below Exh.48
is prejudicial to the opponent and the stage had
been closed of the opponent in an application
moved by claimant.
4. Perusal of the order below Exh.48 shows
that a prayer was made by the claimant to close
the stage of cross examination, which came to be
allowed; however, the learned Tribunal further
passed an order closing the stage of the
opponents to adduce the evidence. The order below
Exh.48 is such that no opportunity has been
granted to the opponents, and further there was
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C/FA/3661/2023 ORDER DATED: 20/12/2023
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no scope for the opponents to even know about the
order so passed and the matter was listed on
27.04.2023 for argument, and the record and
proceedings shows that no time was, therefore,
available to the opponent to get his right
reopen.
5. In view of the same, the judgment and
order passed in MACP No.1482 of 2017 by the
learned Motor Accident Claims Tribunal (Aux.)
Chhotaudepur is quashed and set aside with
direction to the Tribunal concerned to provide
opportunity to the opponent for cross-examining
the claimant, and the proceedings further be
conducted as per the process and in accordance
with law. The appeal stands disposed of. Record
and Proceedings, if any, be sent back to the
concerned Court.
(GITA GOPI,J)
Pankaj
