BALWANT SINGH GILL Vs. GURDEV SINGH BRAR

JUDGEMENT

(1.) This revision petition has been filed by the Plaintiffs against the order of the Subordinate Judge First Class Faridkot dated February 8, 1979 disallowing an application under O. 12 Rule 4, Code of Civil Procedure (hereinafter referred to as the Code).

(2.) Briefly, the facts are that the plaintiffs instituted a suit for the recovery of Rs. 46,000/- against the defendants. The plaintiffs completed their evidence on October 24 and 25, 1978. Thereafter Gurdev Singh defendant appeared as his own witness on December 8, 1978 and his statement was concluded on January 16, 1979. On that date, i. e. January 16, 1979 the plaintiffs filed an application under Order 12 Rule 4 of the Code praying that a notice be issued to the defendants to admit certain facts. The application was opposed inter-alia on the ground that no such application could be filed at that late stage. The leamed trial Court dismissed the same. The plaintiffs have come up in revision against the said order,

(3.) It is contended by the learned counsel for the petitioners that under O. 12 Rule 4, no period has been prescribed for serving such a notice. He argues that even if the plaintiffs had completed their evidence they had the right to serve a notice under the said rule and the learned trial Court erroneously rejected their application.