KAPTAN SINGH Vs. KULBIR SINGH

JUDGEMENT

(1.) BY filing this revision petition under Article 227 of the Constitution of India, plaintiff Kaptan Singh has challenged order dated 15.12.2009, Annexure P/9 and order dated 4.8.2010, Annexure P/8, both passed by learned Civil Judge (Junior Division), Bahadurgarh.

(2.) PLAINTIFF � petitioner has filed suit for recovery of money against the defendant � respondent on the basis of pronote-cum-receipt. Defendant moved application Annexure P/3 for amendment of written statement alleging that on inspection of suit file on 16.7.2009, it was found that there are material alterations, manipulations and additions in pronote dated 22.1.2002 and so the pronote is not admissible in evidence. Amendment to this effect was sought to be made in written statement. Plaintiff by filing reply Annexure P/4 resisted the application.

(3.) IMMEDIATELY thereafter defendant moved application dated 16.12.2009, Annexure P/6 for recall of plaintiff Kaptan Singh PW2 for further cross-examination in view of aforesaid amendment of written statement. The said application was also resisted by the plaintiff by filing reply Annexure P/7. Learned trial court has allowed the said application vide order Annexure P/8. Feeling aggrieved, plaintiff has filed this revision petition challenging both the aforesaid orders. I have heard learned counsel for the parties and perused the case file.