HARBANS SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) ALLOWED as prayed for. Main Case

(2.) IN this revision petition filed under Article 227 of the Constitution of India, challenge is to order dated 08.11.2012 Annexure P-1 (wrongly mentioned as Annexure P-4 in the headnote of the revision petition) passed by the trial Court thereby closing evidence of plaintiff- petitioner by Court order.

(3.) COUNSEL for the petitioner contended that plaintiff-petitioner has already appeared as witness as PW-1 and after his examination-in-chief, he has also been cross-examined partly, but sometime in May 2012, the plaintiff suffered paralysis and heart problem and therefore, he could not appear for his remaining cross-examination thereafter and consequently he moved application Annexure P-2 in the trial court on 08.11.2012 for adjournment so as to enable the plaintiff to file an application for his examination on commission. Accordingly it is prayed that another opportunity may be granted to the plaintiff for his cross-examination on commission.