RAM KUMAR JAIN Vs. SAVITRI DEVI

JUDGEMENT

(1.) C M No.26487/2018 (Exemption) Exemption allowed, subject to just exceptions. CM(M) 738/2018

(2.) Vide the present petition, the petitioner assails the impugned order dated 2.5.2018 of the learned Trial Court of the Senior Civil Judge, Rohini Courts in CS No. 537557/2016 whereby an application under Order 6 Rule 2 under Sec. 151 Civil P.C. filed on behalf of the defendant, i.e., the petitioners herein, submitting to the effect that the evidence of the PW-2 and PW-3 would not be considered as the same was led beyond the pleadings and a question of law had been raised by the learned counsel for the defendant in para 3 of the affidavit of evidence of PW-2 and the plaintiff could not be allowed to depose in the evidence, was disposed of by the learned Trial Court observing to the effect that the application cannot be considered as the defendant has an opportunity to raise the plea at the time of final arguments as PW2 has already been examined in chief and partly cross-examined and PW-3 examined in chief and his cross-examination was deferred and the case was at the stage of trial.

(3.) Inter alia, reliance has been placed on behalf of the defendant, i.e., the petitioner herein on the following verdicts of the Apex Court: