SADHU RAM Vs. SURESH KUMAR AND OTHERS

JUDGEMENT

(1.) Sadhu Ram, defendant no.4 has brought this revision petition under the provisions of Article 227 of the Constitution of India for setting aside the order dated 22.10.2011 (Annexure P-1) passed by learned Additional Civil Judge (Sr. Division), Narwana, vide which the evidence of the petitioner has been closed.

(2.) The suit for declaration and joint possession alongwith the relief of permanent injunction has been brought by Suresh Kumar and Wazir Singh against their father Sadhu Ram and others. The said suit was pending for 22.10.2011 with learned Additional Civil Judge (Senior Division), Narwana for evidence of the defendants. Two witnesses of the defendants namely Balwan Singh and Gurmail Singh were present and were examined on that day. No other witness was present. Referring to the previous order vide which it was observed that the evidence of the defendants would be deemed to be closed if no evidence was brought on the next date, learned trial court has found the defendants to have availed ample number of opportunities including last opportunity. Therefore, no ground was found to adjourn the case for evidence of the defendants and consequently, the evidence of the defendants was closed by order of the court.

(3.) I have heard Shri K.S. Banyana, learned counsel for the petitioner and have gone through the record.