ASHOK KUMAR Vs. R G SINGH

JUDGEMENT

(1.) C.R.No. 208/1998 This is a petition filed by the petitioner against the order dated 8/01/1999 passed by the Additional District Judge. Delhi in Suit No. 28/1995. By the aforesaid order the Additional District Judge closed the evidence of the defendant and listed the matter for final arguments. In the aforesaid suit, which was instituted by the plaintiff for recovery of an amount of Rs. 1,75,000.00 evidence of the plaintiff was closed in affirmative on 19/02/1998 and the suit was fixed for recording evidence of the witnesses to be produced by the defendant, on 12/03/1998. The defendant examined himself as DW-1 and his examination-in-chief was partly recorded. The defendant did not produce himself for his further examination-in-chief and cross- examination and also did not get his other witnesses examined. It is disclosed from the order sheets available on record that the case was adjourned on various dates for recording evidence of the defendant.

(2.) On 28/11/1998, the defendant was given last opportunity to lead his entire evidence. Even thereafter, it appears that the defendant failed to examine his remaining witnesses and also get his examination-in-chief and cross-examination recorded. Having no other alternative, the evidence of the defendant was closed by the Additional District Judge.

(3.) Counsel appearing for the petitioner/defendant states that he undertakes to get the examination-in-chief and cross-examination of the defendant recorded on the next date and also get the only remaining witness: namely, a clerk from the office of the Sub-Registrar summoned and examined on the next date.