STATE OF PUNJAB AND ORS. Vs. BAGICHA SINGH

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 20.07.2010 passed by learned Additional Civil Judge(Senior Division), Jalalabad, Annexure P3 vide which evidence of petitioners -defendants was closed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial court. Facts relevant for the decision of the present revision petition are that, a suit for declaration was filed by respondent -plaintiff against the present petitioners i.e. State of Punjab and others to the effect that order dated 15.12.1994 passed by Defendant No. 2 in case titled as State of Punjab v. Bagicha Singh under the relevant provisions of the Punjab Public Premises Act as well as order dated 15.10.2003 passed by Defendant No. 3 as appellate Authority in appeal qua land in dispute are null and void and not binding upon rights of plaintiff with a prayer for consequential relief of injunction. Suit was contested by the present petitioner -State. Issues were framed. Evidence of plaintiff was closed on 19.10.2009 and thereafter, five opportunities were availed by the present petitioners -defendants to lead evidence and however, no evidence was adduced and hence, the evidence of defendants was closed by learned trial Court vide impugned order dated 20.07.2010, which reads as under:

(3.) IT has been stated by learned Counsel for the petitioners -State that evidence could not be adduced due to negligence on the part of concerned official of the Forest Department as he did not come as the Forest Department was not impleaded as a party.