DHARAM PAL Vs. KALU RAM

JUDGEMENT

(1.) DEFENDANT No.1 Dharam Pal has filed this revision petition under Article 227 of the Constitution of India impugning order dated 12.09.2011 Annexure P-3 and order dated 14.03.2012 Annexure P-5 passed by learned Civil Judge (Junior Division), Gurdaspur. Vide order Annexure P-3, cross-examination of respondent No.1/plaintiff-Kalu Ram PW-1 was treated as nil because counsel for defendants did not cross-examine him. DEFENDANTs then moved application Annexure P-4 for permission to cross-examine the plaintiff. The said application has been dismissed by the trial Court vide order Annexure P-5. Both these orders Annexures P-3 and P-5 are under challenge in this revision petition.

(2.) I have heard learned counsel for the petitioner and perused the case file.

(3.) I have carefully considered the aforesaid prayer. Perusal of zimni orders of the trial Court reproduced in the revision petition reveals that the plaintiff appeared in the witness box on 27.08.2010 and tendered his affidavit of examination-in-chief. His cross-examination was deferred on request of counsel for defendants. The plaintiff again appeared in the Court on 25.04.2011, but his cross-examination was again deferred on request of counsel for defendants. The plaintiff again appeared on 12.09.2011 for his cross-examination, but again he was not cross- examined. Consequently trial Court passed order Annexure P-3 treating the cross-examination of plaintiff as nil. Even thereafter, the defendants did no move application immediately for permission to cross-examine the plaintiff but moved application Annexure P-4 on 04.01.2012 i.e. almost four months after the passing of order Annexure P-3. Even the instant revision petition has been filed two months after the passing of impugned order Annexure P-5. This conduct of the defendants reveals that they are intentionally delaying the disposal of the suit.