DEEPAK KUMAR Vs. VINOD KUMAR

JUDGEMENT

(1.) Since a very short point is involved in the revision petition I have beard the learned, counsel for the parties and proceed to decide the revision petition itself.

(2.) This revision petition under Section 115 of the Code of Civil Procedure is directed against the order of the Sub Judge, 1st Class, Delhi dated 20th August 1987 in suit no. 505/80 whereby the evidence of the petitioner- defendant was closed and the case was listed for final arguments.

(3.) The respondent-plaintiff filed a suit against the petitioner-defendant for recovery of possession of the property bearing no. 1550,1556 (half) & 1557 (half) situated at Church Road, Kashmere Gate, Delhi. The petitioner-defendant has pleaded in his written statement that his father was the tenant under the custodian of evacuee property and thereafter under the respondent by operation of law. In order to prove that the petitioner was the tenant under the respondent he wanted certain receipts issued by the Custodian to be proved in court. Therefore, he wanted to examine an official of the Custodian Department. It appears that after the evidence was closed by the respondent-plaintiff in June 1984 the case was adjourned time and again and yet this witness could not be examined. The last such date was fixed for 20th August 1987, however on this date the witness could not be examined land a prayer was made for fixing some other date for the examination of the witness which was rejected and the court closed the evidence.