RAMSWAROOP Vs. MATADIN SHIVHARE (DEAD)

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 25/07/2018 passed by Additional Judge to First Civil Judge, Class -II, Lahar, District Bhind in Civil Suit No. 158/2015, by which the petitioner has been denied opportunity to lead evidence in support of his defence.

(2.) The present petition depicts a very state of affairs where the civil suit which was filed in the year 1984, is still pending.

(3.) The necessary facts for the disposal of the present writ petition in short are that the original plaintiff Matadin, who has expired during pendency of the suit and is being represented by his legal representatives, had filed a civil suit for declaration of title and permanent injunction. It appears that the defendant No.6/respondent No.7 Devi Shankar executed a sale deed in favour of the petitioner on 25/08/1995 without seeking leave from the trial Court. After execution of the sale deed, the petitioner never filed any application for getting himself impleaded and his seller continued to contest the civil suit. It appears that on 18/10/2001, the witnesses of the defendants were examined and since the remaining witnesses were not present, therefore, the rights of the defendants to examine further witnesses were closed.