SATNARAIN ALIAS SATYA NARAIN Vs. RATI RAM

JUDGEMENT

(1.) Plaintiff Satnarain @ Satya Narain has filed this revision petition under Article 227 of the Constitution of India assailing order dated 27.01.2010 (Annexure P-1) passed by learned Civil Judge (Junior Division), Hansi.

(2.) During the course of trial of the suit, evidence of defendant No. 1 was closed by trial Court's order dated 25.02.2009. Evidence of defendants No. 2 to 6 was closed by trial Court's order dated 10.06.2009. The case was adjourned for rebuttal evidence of plaintiff, if any and for arguments.

(3.) On 27.01.2010, while the case was fixed for rebuttal evidence of the plaintiff and for final arguments, defendant No. 1 appeared in the Court and informed the Court that he was bed ridden at the time of evidence of the defendants and could not come in the Court. He expressed his desire to make his statement as witness. Learned trial Court vide impugned order Annexure P-1 allowed the said prayer of defendant No. 1 by invoking Section 151 of the Code of Civil Procedure (in short, CPC) and ordered recording of statement of defendant No. 1 as witness. His examination-in-chief was accordingly recorded and cross-examination was deferred on the request of plaintiff to enable him to challenge order Annexure P-1 by way of revision petition.