MUKHTIAR KAUR Vs. RAMANJEET KAUR AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 18.9.2012 (Annexure P/1) passed by the trial court.

(2.) The case was fixed for the defendant's evidence for the first time on 16.11.2011. However, no evidence could be produced by the defendant on 16.11.2011 and 17.12.2011. In the meantime, Kartar Kaur had died and an application for impleading her legal heirs was filed, which was allowed on 9.4.2012 and amended written statement was allowed to be filed on 8.6.2012. On 8.6.2012, the case was adjourned for the evidence of the defendant for 30.7.2012. On 30.7.2012, four witnesses were present and examined-in-chief, but their cross examination was deferred for 8.8.2012 and the witnesses were bound down for 8.8.2012. On 8.8.2012 and 31.8.2012, none of the witnesses turned up, as such, the evidence was closed on 18.9.2012. When the witnesses were bound down and they did not appear, then the court must have proceeded to procure their presence with coercive methods. The closure of the evidence was no via-media to penalize the defendant for their non appearance. As such, the impugned order, being bad, requires interference by this Court.

(3.) Resultantly, this petition is accepted, impugned order is set aside and the petitioner is directed to produce the witnesses tomorrow i.e. 22.11.2012, date fixed before the trial court, for cross examination.