KEHR SINGH Vs. SATBIR, ETC.

JUDGEMENT

(1.) ON 14th October, 1966, Satbir Singh and others filed a suit against Kehar Singh, for the recovery of Rs. 2,155 on the basis of a bahi entry.

(2.) THE suit was resisted by the Defendant, who pleaded that he had already made the payment. After the issues had been framed, the Defendant was called upon to produce his evidence, because the onus was on him to prove the payment of the alleged amount. He examined himself oh 1st August, 1967, as D.W. 1. Later on he was cross -examined on 20th November, 1967, on which date he also produced Risal Singh, D.W. 2. Since no other witness was present on that date, he was given last opportunity to produce his evidence on 27th November, 1967, subject to payment of Rs. 20 as costs, he having already availed of two opportunities for this purpose. On that date, he examined another witness Partap Singh, D.W. 3, and stated that he would produce two more witnesses, Dr. Sethi and one handwriting expert. At his request, the case was adjourned to 13th December, 1967, and he was also asked to pay Rs. 15 as costs. On that day, the order passed by the Court reads thus:

(3.) ON 19th December, 1967, the Plaintiff, with his counsel, was present and nobody appeared on behalf of the Defendant and the Court ordered that ex parte evidence be recorded. Thereafter, four witnesses were examined by the Plaintiff including himself. The statement of the counsel for the Plaintiff was then taken and he closed his evidence. The case was then adjourned to 20th December, 1967, for arguments. On that day, arguments were heard and the Court fixed 21st December, 1967, for orders. The judgment was not ready on that date and the case was adjourned to 30th December, 1967, on which date the Plaintiff's suit was decreed for Rs. 2,155. On that very day, the Defendant filed an application for setting aside the ex parte order made against him on 13th December, 1967. On the third day, that is, 1st January, 1968, he put in another application for setting aside the ex parte, decree passed on 30th December, 1967.