JHAMIYA & OTHERS Vs. KARMA SINGH & OTHERS

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by the order dated 24.11.2017 passed by the trial Court in Civil Case No.4-A/2014 (41A/16).

(2.) The facts of the case reveal that respondent No.1 has filed a suit for specific performance of the contract and one of the defendant therein to be more specific defendant No.4 was proceeded ex parte. He was proceeded ex parte on 20.03.2014, the plaintiff way back in the year 2015, has filed a list of witnesses and person, who was proceeded ex parte was listed as a witness in the list of witnesses.

(3.) Learned counsel for the petitioner has argued before this Court that by no stretch of imagination, a person who has been proceeded as ex parte, can be a witness of the plaintiff. He has read out before this Court Sections 5 and 115 of the Evidence, Order 12 Rule 6, Order 18 Rule 2 and Order 16 Rule 1 of the C.P.C. The aforesaid statutory provisions read as under:-