LAWS(MPH)-1997-7-19

MANOJ KUMAR BHAROSILAL Vs. GOPAL SUGANCHAND VAISHYA

Decided On July 22, 1997
MANOJ KUMAR, BHAROSILAL Appellant
V/S
GOPAL, SUGANCHAND VAISHYA Respondents

JUDGEMENT

(1.) THIS order shall dispose of two revision petitions, namely, Civil Revision Nos. 612 of 1997 and 796 of 1997.

(2.) THE brief facts which have led to the filing of these petitions be noticed as under: Bharosilal and two others figured as defendants in a suit filed by Gopal, respondent No. 1 in both the petitions. The dispute is with regard to an agreement to sell. The plaintiff has closed his evidence. When the defendants were leading their evidence, they summoned one Jagmohan. This Jagmohan is son of Bholanath, Stamp Vendor. Jagmohan was asked to bring the register in which entries are made vis-a-vis sale of stamp papers. He made a statement in Court that the register has since been deposited with the concerned authorities. Report was sought from the concerned authorities and the report is to the effect that the register has not been deposited and it is with Bholanath Stamp Vendor. It may be mentioned that Bholanath who is the Stamp Vendor and who was not present on the particular day when the stamps were sold, has stated that Jagmohan was authorised to sell the stamps on that day. When this information became available then a prayer was made to call Bholanath. The trial Court has come to the conclusion that it is not necessary to summon Bholanath. It is against this order passed on 7th of May, 1997, petition bearing No. 796/97 has been preferred.

(3.) SO far as petition No. 612/97 is concerned, the petitioner defendant had summoned Jagmohan s/o Bholanath. His evidence was initiated on 28th of April, 1997. It continued and this Jagmohan was examined on 1st of May, 1997. On this date, a prayer was made that Jagmohan who was summoned by the petitioner defendant be permitted to be cross-examined. This prayer has been declined. It is against the above order passed on 1st of May, 1997, Civil Revision No. 612 of 1997 has been preferred.