OM BAHADUR Vs. SMT. MAHARANI

JUDGEMENT

(1.) THIS revision is directed against the order dated 4.12.1998 passed by the learned Civil Judge (Jr. Division) Rajpura, vide which he dismissed the application filed by the defendant for re calling the order dated 26.11.1998. Plaintiff Smt. Maharani had filed a suit for possession by way of ejectment against Om Bahadur in relation to the suit property. The suit was being contested by the defendant. On 26.11.1998 the learned trial court passed the following order: -

(2.) THEREAFTER application was filed by the defendant for recalling the above order, which was dismissed by the learned Judge vide order dated 4.12.1998 giving rise to the present petition. The learned counsel for the respondent contended that the petitioner is delaying the conclusion of the proceedings before the trial court and there was no sufficient cause shown for recalling the order and as such the present revision should be dismissed.

(3.) LEARNED counsel for the petitioner contended that he will examine his entire evidence on one date at his own risk and responsibility. It is stated that on that particular date the daughter of the petitioner was seriously sick and was admitted in hospital, as a result of which he could neither bring the witnesses nor could come present before the Court for recording his evidence. In the peculiar facts and circumstances of the case I would set aside the impugned order dated 4.12.1998 and grant one last final opportunity with costs to the petitioner to produce his entire evidence at his risk and responsibility on one single date now to be fixed by the learned trial Court. The petitioner shall bring all his witnesses at his risk and responsibility and if necessary even take out the summons for them. The petitioner shall pay costs of Rs. 1500/ - as a condition precedent to the commencement of his evidence. The petitioner would not be entitled to further adjournment on any ground whatsoever. In the event of default of any of the conditions afore -noticed, the benefit accruing to the petitioner from this order shall be deemed to have been withdrawn and the evidence of the defendant would stand automatically closed. This revision petition is accordingly disposed of.