SUBHASH Vs. SHANTI DEVI & OTHERS

JUDGEMENT

(1.) The Petitioner has assailed the validity of order dated 04.10.2010 passed by the learned Civil Judge (Junior Division), Narnaul by which an application filed by the Petitioner/Defendant No. 2 under Order 16 Rule 1A of the Code of Civil Procedure, 1908 [for short "Code of Civil Procedure"] has been dismissed.

(2.) Indisputably, the evidence of Defendant Nos. 2 and 3 was closed vide order dated 24.04.2007, which reads as under:

(3.) After the aforesaid order was passed, an application was filed by Defendant Nos. 2 and 3 before the same Court for allowing them an opportunity to produce their evidence. In the said application, it was averred that due to wrong noting of date as 26.04.2007 instead of 24.04.2007, evidence could not be led on that date and hence, it was closed by order of the Court. The learned Trial Court allowed the said application by its order dated 03.09.2009 by passing a peremptory order. The operative part of the aforesaid order is as under: