SHARDA DEVI GILL Vs. RAKESH JAIN

JUDGEMENT

(1.) This revision petition is filed against an order of the learned Single Judge, Delhi dismissing an application under Order XVIII Rule 17-A Civil Procedure Code filed by the petitioners.

(2.) The petitioners are the defendants in suit no.604/91 and the respondent is the plaintiff. According to the petitioners, petitioner no.1 is the owner of premises no. K1 Lajpat Nagar II, New Delhi and the respondent is a trespasser in the said premises. The respondent filed the suit for permanent injunction against the petitioners. On 23.2.1995 the suit was adjourned to 22.3.1995 for the evidence of defendants and the defendants were directed to file list of witnesses. In the order dated 23.2.1995 no time was fixed for filing the list of witnesses. The defendants filed their list of witnesses on 21.3.1995. The application for examining defendant no.1 on commission was allowed by the trial court. When the case was posted on 27.7.1995 the defence witnesses namely Shri Ram Lal, Shri Surinder Pahwa, Dr.J.S.Gill and Shri Digvijay Singh were present in court but could not be examined. Shri S.S.Gill, defendant no.2 was examined and discharged. Subsequently defendants 1 and 3 also were examined. When the case came up on 28.8.95 for further evidence the defendants' witnesses were not present and the trial court closed the evidence of the defendants erroneously holding that no list of witnesses was filed on record whereas the list of witnesses had been filed on 21.3.1995. Thereafter the defendants filed an application under Order XVIII Rule 17A Civil Procedure Code for permission to examine the witnesses. The application of the defendants was dismissed by the learned Civil Judge on 25.1.1997. The said order dated 25.1.1997 is under challenge in this revision petition.

(3.) In the impugned order, the reasons given for dismissing the application are as follows:-