NARESH KUMAR BANSAL Vs. JAI NARAIN KHATRI

JUDGEMENT

(1.) C.M.No.13597/2014 (exemption)

(2.) This petition under Article 227 of the Constitution of India impugns the concurrent judgment and order of the courts below; of the trial court dated 9.12.2013 and the first appellate court dated 23.5.2014 respectively; by which the application of the petitioner/defendant no.2 under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (CPC) has been dismissed.

(3.) A reading of the impugned orders show that in the suit for declaration and injunction, which was filed against the defendants including the petitioner herein, all the defendants including the petitioner had filed a joint written statement on 22.5.2004. Thereafter, examination-in-chief of PW-1 was recorded on 14.8.2007 but cross-examination of this witness was not carried out despite opportunity right up till 4.9.2012. Consequently, opportunity to cross-examine this witness was closed by the court. The defendants including the petitioner/defendant no.2 did not appear thereafter and hence were proceeded ex parte vide order dated 24.11.2012. After the respondent/plaintiff completed his evidence, the suit was decreed by judgment and decree dated 10.5.2013.