SHIVRATAN Vs. HEERALAL

JUDGEMENT

(1.) THIS revision application is filed by the defendant.

(2.) THE plaintiffs M/S Hiralal Ambalal filed a suit for recovering damages amounting to Rs. 5,000 from the petitioner (defendant) in the Court of the Civil Judge First Class, Ratlam, The suit was contested by the defendant. The trial court therefore framed issues and proceeded further. The burden of proving some of the issues lay on the plaintiffs and the burden of proving other issues lay on the defendant. The plaintiffs therefore opened their case and examined their evidence with respect to those issues, the burden of which lay on them, subject to their right to lead evidence in rebuttal.

(3.) ON 21st January, 1956, the defendant applied to the Court to summon two witnesses, who it was alleged were material and had been inadvertently left out. It was alleged in the petition that the defendant has closed his case, but the plaintiff's witnesses were still being examined and if the witnesses named in the application were summoned and examined, ends of the justice will be served.