MOHD.IQBAL Vs. SHERLA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 6.2.2020, passed by the learned Additional Civil Judge (Senior Division), Ferozepur Jhirka, vide which evidence of the petitioner has been closed by order.

(2.) Heard learned counsel for the petitioner.

(3.) But for the evidence of the stamp vendor, remaining evidence has been led by the petitioner, who is the plaintiff in the suit for possession by way of a specific performance of an agreement of sale of immovable property. The plaintiff made an application for summoning five witnesses (Pg.25) (Annex.P3) to depose for him. Four of these witnesses have been examined while the fifth could not be served as the process server who took the summons was informed at the spot that the witness was away to Faridabad on some personal work. This was on 5.2.2020 and the copy of the service report of even date is at Pg.28 of the paper-book, which records as follows: