DARSHAN SINGH Vs. MEHNGA SINGH

JUDGEMENT

(1.) THE petitioners have filed the present revision petition in this Court against the order dated 17.8.1999, passed by the trial Court closing the evidence of the defendants by order of the court.

(2.) NOTICE of motion was issued. I have heard the learned Counsel for the parties and have also perused the records.

(3.) LEARNED Counsel for the respondent has submitted that it was far back as on 7.8.1996 that the plaintiff had closed his evidence and the case was adjourned to 20.9.1996 for defendant evidence and since then several opportunities have been granted to the defendants to produce their evidence. He has also submitted that on various dates summons to the witnesses could not be issued as the process fee was not filed. He has further submitted that on various occasions last opportunity was granted to the defendants to produce their evidence including 3.5.1999, 2.6.1999 and 22.7.1999. He further submitted that on 22.7.1999 while adjourning the case to 17.8.1999 for remaining evidence of the defendants, the learned trial Court had made it clear that this was the last opportunity to the defendants to produce their entire evidence and that this adjournment was subject to payment of Rs. 300/- as costs.